HOUSE DOCKET, NO. 3110        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3037

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Evandro C. Carvalho

_________________

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 to promote better outcomes for young people in the Commonwealth.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3110        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3037

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act to promote better outcomes for young people in the Commonwealth.

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. Section 167 of chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 38, 40 and 41, the number “18”

and inserting in place thereof the following number:- 19

SECTION 2. Said lines, 38, 40 and 41 of said section 167 of said chapter 6 are further amended by striking out the number “19,” inserting in place thereof the following number:- 20

SECTION 3. Said lines, 38, 40 and 41 of said section 167 of said chapter 6 are further amended by striking out the number “20,” inserting in place thereof the following number:- 21

SECTION 4. Section 20 of chapter 31 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 10 the number “18” and inserting in place thereof the following number:- 19

SECTION 5. Said line 10 of said section 20 of said chapter 31 is hereby further amended by striking out the number “19” and inserting in place thereof the following number:- 20

SECTION 6. Said line 10 of said section 20 of said chapter 31 is hereby further amended by striking out the number “20” and inserting in place there of the following number:- 21

SECTION 7. Section 24 of chapter 37 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in paragraph (d) the number “18” and

inserting in place thereof the following number:- 19

SECTION 8. Said paragraph (d) in said section 24 in said chapter 37 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 9. Said paragraph (d) in said section 24 in said chapter 37 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 10. Section 32H of chapter 94C, as appearing in the 2014 Official Edition, is amended by striking out in lines 33 and 34 the number “18” and inserting in place thereof the following number:- 19

SECTION 11. Said lines 33 and 34 of said section 32H of said chapter 94C is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 12. Said lines and 34 of said section 32H of said chapter 94C is hereby further amended by striking out the number “20” and inserting in place there of the number:- 21

SECTION 13. Section 32M of chapter 94C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 1 the word “eighteen” and inserting

in place thereof the following word:- 19

SECTION 14. Said line 1 in said section 32M of said chapter 94C is hereby further amended by striking out the word “19” and inserting in place there of the following word:- 20

SECTION 15. Said line 1 in said section 32M of said chapter 94C is hereby further amended by striking out the word “20” and inserting in place there of the following number:- 21

SECTION 16. Said section 32M of said chapter 94C of is hereby amended by striking out in line 6 the number “18” and inserting in place thereof the following number:- 19

SECTION 17. Said line 6 in said section 32M of said chapter 94C is hereby further amended by striking out the number “19” and inserting in place there of the following number:- 20

SECTION 18. Said line 6 in said section 32M of said chapter 94C is hereby further amended by striking out the number “20” and inserting in place there of the following number:- 21

SECTION 19. Section 36 of said chapter 94C is hereby amended by striking out in line 6 the word “eighteenth” and inserting in place thereof the following word:-nineteenth

SECTION 20. Said line 6 in said section 36 of said chapter 94C is hereby further amended by striking out the word “nineteenth” and inserting in place there of the following word:- twentieth

SECTION 21. Said line 6 in said section 36 of said chapter 94C is hereby further amended by striking out the word “twentieth” and inserting in place there of the following word:- twenty first

SECTION 22. Section 52 of chapter 119, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 5 in the definition of “Delinquent child” the number “18” and inserting in place thereof the following number:- 19

SECTION 23. Said line 5 of said section 52 of said chapter 119 is hereby further amended by striking out the number “19” in inserting in place thereof the following number:- 20

SECTION 24. Said line 5 of said section 52 of said chapter 119 is hereby further amended by striking out the number “20” in inserting in place thereof the following number:- 21

SECTION 25. Said line 5 of said section 52 of said chapter 119 is hereby amended by striking out in line 5 in the definition of “Delinquent child” the word “seven” and inserting in place thereof the following word:- twelve

SECTION 26. Said section 52 of said chapter 119 is hereby further amended by striking out in line 15, in the definition of “Youthful offender,” the number “18” and inserting in place thereof the following number:- 19

SECTION 27. Said line 15 of said section 52 of said chapter 119 is hereby further amended by striking out the number “19” in inserting in place thereof the following number:- 20

SECTION 28. Said line 15 of said section 52 of said chapter 119 is hereby further amended by striking out the number “20” in inserting in place thereof the following number:- 21

SECTION 29. Section 54 of said chapter 119 is hereby amended by striking out in lines 2 and 21 the number “18” and inserting in place thereof the following number:- 19

SECTION 30. Said lines 2 and 21 of said section 54 of said chapter 119 are hereby further amended by striking out the number “19” in inserting in place thereof the following number:- 20

SECTION 31. Said lines 2 and 21 of said section 54 of said chapter 119 are hereby further amended by striking out the number “20” in inserting in place thereof the following number:- 21

SECTION 32. Said line 2 of said section 54 of said chapter 119 is hereby amended by striking out in line 2 the word “seven” and inserting in place thereof the word:- “twelve”

SECTION 33. Section 54 of said chapter 119 is hereby amended by striking out the second paragraph.

SECTION 34. The second sentence of the first paragraph of section 58 of said chapter

119 is hereby amended by striking out in lines 8 to 12 inclusive the words “that any such probation may be imposed until such child reaches age eighteen or age nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday or age 20 in the case of a child whose case is disposed of after he attains his nineteenth birthday” and replacing them with the following:-

that any such probation may, in the case of an offense that occurred prior to the child’s eighteenth birthday, be imposed until such child reaches age eighteen or age nineteen in the case of a child whose case is disposed of after he has attained his eighteenth birthday or age 20 in the case of a child whose case is disposed of after he attains his nineteenth birthday.  In the case of an offense that occurred on or after the child’s eighteenth birthday, such probation may be imposed until such child reaches age nineteen or age twenty in the case of a child whose case is disposed of after he has attained his nineteenth birthday, or age 21 in the case of a child whose case is disposed of after he attains his twentieth birthday.

SECTION 35. Said second sentence of the first paragraph of said section 58 is hereby further amended by inserting after the words “after he attains his twentieth birthday” the following:-

or age 22 in the case of a child whose case is disposed of after he attains his twenty-first birthday

SECTION 36. Said second sentence of the first paragraph of said section 58 is hereby further amended by inserting after the words “his twenty first birthday” the following:-

or age 23 in the case of a child whose case is disposed of after he attains his twenty-second birthday

SECTION 37. Said section 58 of said chapter 119, as so appearing, is hereby further

amended by inserting in the second paragraph after the words “attains the age of eighteen” the following: -

in a case where the offense occurred prior to the child’s eighteenth birthday,

SECTION 38. Said second paragraph of section 58 of said chapter 119, as so appearing, is hereby further amended by inserting after the words “nineteenth birthday” the following:-

In a case where the offense occurred on or after the child’s eighteenth birthday, the probationary or commitment period shall not be for a period longer than until such child attains the age of nineteen, or twenty in the case of a child whose case is disposed of after he has attained his nineteenth birthday, or twenty-one in the case of a child whose case is disposed after he has attained his twentieth-birthday, or twenty-two in the case of a child whose case is disposed of after he has attained his twenty-first birthday.

SECTION 39.  Said section 58 of said chapter 119, is hereby further amended by inserting in the first sentence of section (b) of the third paragraph after the words “twenty-one” the following:-

in a case where the offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday

SECTION 40.  Said section 58 of said chapter 119, is hereby further amended by inserting in the third sentence of section (b) of the third paragraph after the words “twenty-one” the following:-

in a case where the offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday

SECTION 41.  Said section 58 of said chapter 119, is hereby further amended by inserting in the third sentence of section (b) of the third paragraph after the words “juvenile court probation department until the age of twenty-one” the following:-

in a case where the offense occurred prior to the child’s eighteenth birthday, or until the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday

SECTION 42.  Said section 58 of said chapter 119, is hereby further amended by inserting in section (c) of the third paragraph after the words “twenty-one” the following:-

in a case where the offense occurred prior to the child’s eighteenth birthday, or until he reaches the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday

SECTION 43.  The fifth paragraph of section 58 of said chapter 119, is hereby amended by striking out the words “eighteenth” and inserting in place thereof the following words:- “twenty-first”

SECTION 44. Said section 58 of said chapter 119, is hereby further amended by striking out in lines 97 to 99 the words “until such child attains his eighteenth birthday or his nineteenth birthday in the case of a child whose case is disposed of after he has attained his eighteenth birthday”  and inserting the following:-

until such  child attains his nineteenth birthday or his twentieth birthday in the case of a child whose case is disposed of after he has attained his nineteenth birthday

SECTION 45. Said section 58 of said chapter 119 is hereby further amended by striking out in lines 97 to 99 the words “ until such child attains his nineteenth birthday or his twentieth birthday in the case of a child whose case is disposed of after he has attained his nineteenth birthday” and inserting the following:-

until such child attains his twentieth birthday or his twenty first birthday in the case of a child whose case is disposed of after he has attained his twentieth birthday

SECTION 46. Said section 58 of said chapter 119 is hereby further amended by striking out in lines 97 to 99 the words“ until such child attains his twentieth birthday or his twenty first birthday in the case of a child whose case is disposed of after he has attained his twentieth birthday”  and inserting the following:-

until such child attains his twenty first birthday or his twenty second birthday in the case of a child whose case is disposed of after he has attained his twenty first birthday

SECTION 47. The second paragraph of section 60A of said chapter 119 is hereby amended by striking out in line 17 the word “eighteenth” and inserting in place thereof the following word:- nineteenth

SECTION 48. Said second paragraph of said section 60A of said chapter 119 is hereby further amended by striking out in line 17 the word, “nineteenth” where it so appears and inserting in place thereof the following word:- twentieth

SECTION 49. Said second paragraph of said section 60A of said chapter 119 is hereby further amended by striking out in line 17 the word, “twentieth” where it so appears and inserting in place thereof the following words:- twenty first

SECTION 50. Said second paragraph of said section 60A of said chapter 119 is hereby further amended by striking out in lines 20 and 22 the number, “18” where it so appears and inserting in place thereof the following number:- 19

SECTION 51. Said second paragraph of said section 60A of said chapter 119 is hereby further amended by striking out in lines 20 and 22 the number, “19” where it so appears and inserting in place thereof the following number:- 20

SECTION 52. Said second paragraph of said section 60A of said chapter 119 is hereby further amended by striking out in lines 20 and 22 the number, “20” where it so appears and inserting in place thereof the following number:- 21

SECTION 53. Section 63A of said chapter 119 is hereby amended by striking out in line 1 the number “19” and inserting in place thereof the following number:- 20

SECTION 54. Said line 1 of section 63A of said chapter 119, is hereby further amended by striking out the number “20” and inserting in place thereof the following number:- 21

SECTION 55. Said line 1 of section 63A of said chapter 119 is hereby amended by striking out the number “21” and inserting in place thereof the following number:- 22

SECTION 56. In clause (i) of paragraph 1 of said section 63A of said chapter 119, is hereby further amended by striking out in line 2 the number “18” and inserting in place thereof the following number:- 19

SECTION 57. Said line 2 of said clause (i) of said section 63A of said chapter 119, is hereby further amended by striking out the number “19” and inserting in place thereof the following number:- 20

SECTION 58. Said line 2 of said clause (i) of said section 63A of said chapter 119, is hereby further amended by striking out the number “20” and inserting in place thereof the following number:- 21

SECTION 59. Section 65 of said chapter 119 is hereby amended by striking out in line 2 the number “18” and inserting in place thereof the following number:-19

SECTION 60. Said line 2 of said section 65 of said chapter 119 is hereby further amended by striking out the number “19” and inserting in place thereof the following number:- 20

SECTION 61. Said line 2 of said section 65 of said chapter 119 is hereby further amended by striking out the number “20” and inserting in place thereof the following number:- 21

SECTION 62. Section 66 of said chapter 119 is hereby amended by striking out in lines 3 and 5 the number “18” and inserting in place thereof the following number:- 19

SECTION 63. Said lines 3 and 5 of said section 66 of said chapter 119 are hereby further amended by striking out the number “19” and inserting in place thereof the following number:- 20

SECTION 64. Said lines 3 and 5 of said section 66 of said chapter 119 are hereby further amended by striking out the number “20” and inserting in place thereof the following number:- 21

SECTION 65. Section 67 of said chapter 119 is hereby amended by striking out in line 2 the word “seven” and inserting in place thereof the following word:- twelve

SECTION 66. Section 67 of said chapter 119 is hereby amended by striking out in lines 2, 20, 21, 37 and 47 the number “18” and inserting in place thereof the following number:- 19

SECTION 67. Section 67 of said chapter 119 is hereby further amended by striking out in lines 2, 20, 21, 37 and 47 the number “19” and inserting in place thereof the following number:-20

SECTION 68. Section 67 of said chapter 119 is hereby further amended by striking out in lines 2, 20, 21, 37 and 47 the number “20” and inserting in place thereof the following number:- 21

SECTION 69.  Section 68 of said Chapter 119 is hereby amended by striking out in lines 1 and 34 the word “seven” and inserting in place thereof the word:- twelve

SECTION 70.  Said lines 2,34, and 52 of section 68 of said chapter 119 are hereby further amended by striking out the number “18” and inserting in place thereof the following number:- 19

SECTION 71. Said lines 2,34, and 52 of section 68 of said chapter 119 are hereby further amended by striking out the number “19” and inserting in place thereof the following number:- 20

SECTION 72. Said lines 2,34, and 52 of section 68 of said chapter 119 are hereby further amended by striking out the number “20” and inserting in place thereof the following number:-21

SECTION 73. Section 68A of said chapter 119 is hereby amended by striking out in line 1 the word “seven” and inserting in place thereof the following word:- twelve

SECTION 74. Said section 68A of said chapter 119 is hereby amended by striking out in line 1 the number “18” and inserting in place thereof the following number:- 19

SECTION 75. Said line 1 of said section 68A of said chapter 119 is hereby further amended by striking out the number “19” and inserting in place thereof the following number:-20

SECTION 76. Said line 1 of said section 68A of said chapter 119 is hereby further amended by striking out the number “20” and inserting in place thereof the following number:-21

SECTION 77. Section 70 of said chapter 119, as so appearing, is hereby amended by striking out in line 2 the number “18” and inserting in place thereof the following number:-19

SECTION 78. Said line 2 of said section 70 of said chapter 119 is hereby further amended by striking out the number “19” and inserting in place thereof the following number:-20

SECTION 79. Said line 2 of said section 70 of said chapter 119 is hereby further amended by striking out the number “20” and inserting in place thereof the following number:-21

SECTION 80. Section 72 of said chapter 119 is hereby amended by striking out in line 2 the word “ eighteenth” and inserting in place thereof the following words:-nineteenth

SECTION 81. Said line 2 of said section 72 of said chapter 119 is hereby further amended by striking out the word “nineteenth” and inserting in place thereof the following words:- twentieth

SECTION 82. Said line 2 of said section 72 of said chapter 119 is hereby further amended by striking out the word “twentieth” and inserting in place thereof the following words:- twenty first

SECTION 83. Section 72 of said chapter 119 is hereby amended by striking out in line 9 the word “ twentieth” and inserting in place thereof the following words:-twenty first

SECTION 84. Said line 9 of said section 72 of said chapter 119 is hereby further amended by striking out the word “twenty first” and inserting in place thereof the following words:- twenty second

SECTION 85. Said line 9 of said section 72 of said chapter 119 is hereby further amended by striking out the word “twenty second” and inserting in place thereof the following words:- twenty third

SECTION 86. Said section 72 of said chapter 119, as so appearing, is hereby further

amended by striking out, in lines 10 to 13, inclusive, the words “ prior to his eighteenth birthday, and is not apprehended until between such child’s eighteenth and nineteenth birthday, the court shall deal with such child in the same manner as if he has not attained his eighteenth birthday” and inserting in place thereof the following:-

prior to his nineteenth birthday, and is not apprehended until between such child’s nineteenth and twentieth birthday, the court shall deal with such child in the same manner as if he has not attained his nineteenth birthday

SECTION 87. Said lines 10 to 13 inclusive of said section 72 of said chapter 119 are hereby further amended by striking out the words “prior to his nineteenth birthday, and is not apprehended until between such child’s nineteenth and twentieth birthday, the court shall deal with such child as if he has not attained his nineteenth birthday” and inserting in place thereof:-

prior to his twentieth birthday, and is not apprehended until between such child’s twentieth and twenty first birthday, the court shall deal with such child as if he has not attained his twentieth birthday

SECTION 88. Said lines 10 to 13 inclusive of said section 72 of said chapter 119 are hereby further amended by striking out the words “prior to his twentieth birthday, and is not apprehended until between such child’s twentieth and twenty first birthday, the court shall deal with such child as if he has not attained his twentieth birthday” and inserting in place thereof:-

prior to his twenty first birthday, and is not apprehended until between such child’s twenty first and twenty second birthday, the court shall deal with such child as if he has not attained his twenty first birthday

SECTION 89.  Subsection (b) of said section 72 of said chapter 119 is hereby amended by striking out the word “eighteenth”, in line 18, and inserting in place thereof the following word:-nineteenth

SECTION 90.  Said subsection (b) of said section 72 of said chapter 119 is hereby further amended by striking out the word “nineteenth”, in line 18, and inserting in place thereof the following word:-twentieth

SECTION 91.  Said subsection (b) of said section 72 of said chapter 119 is hereby further amended by striking out the word “ twentieth”, in line 18 and inserting in place thereof the following words:-twenty-first

SECTION 92.  Said Section 72 of said chapter 119 is hereby further amended by striking out in the word “ twenty-first”, in line 25, and inserting in place thereof the following words:-twenty-third

SECTION 93. Section 72A of said chapter 119 is hereby amended by striking out in lines 2 to 3 inclusive, the words “eighteenth birthday, and is not apprehended until after his nineteenth birthday,” and inserting in place thereof the following:-

nineteenth birthday, and is not apprehended until after his twentieth birthday

SECTION 94. Said lines 2 to 3 inclusive of said section 72A of said chapter 119 are hereby further amended by striking out the words “nineteenth birthday, and is not apprehended until after his twentieth birthday” and inserting in place thereof the words:-

twentieth birthday, and is not apprehended until after his twenty first birthday

SECTION 95. Said lines 2 to 3 inclusive of said section 72A of said chapter 119 are hereby further amended by striking out the words “twentieth birthday, and is not apprehended until after his twenty first birthday” and inserting in place thereof the words:-

twenty first birthday, and is not apprehended until after his twenty second birthday

SECTION 96. Section 72B of said chapter 119 is hereby amended by

striking out in lines 3, 7 25, and 31 the word “eighteenth” and inserting in place thereof the following word:- nineteenth

SECTION 97.  Said lines 3, 7, 25, and 31 of said section 72B of said chapter 119 is hereby further amended by striking out the word “nineteenth” and inserting  in place there of the word:- twentieth

SECTION 98. Said lines 3, 7, 25, and 31 of said section 72B of said chapter 119 is hereby further amended by striking out the word “twentieth” and inserting  in place there of the words:- twenty first

SECTION 99. Section 74 of said chapter 119, as so appearing, is hereby amended by striking out in line 3 the word “eighteenth” and inserting in place thereof the following word:-nineteenth

SECTION 100. Said line 3 of said section 74 of said chapter 119 is here by further amended by striking out the word “nineteenth” and inserting in place there of the word:- twentieth

SECTION 101. Said line 3 of said section 74 of said chapter 119 is here by further amended by striking out the word “twentieth” and inserting in place there of the words:- twenty first

SECTION 102. Said section 74 of said chapter 119 is hereby further amended by striking out in lines 10 and 14 the number “18” and inserting in place thereof the following number:- 19

SECTION 103. Said lines 10 and 14 of said section 74 of said chapter 119 is hereby further amended by striking out the number “19” and inserting in place thereof the following number: 20

SECTION 104. Said lines 10 and 14 of said section 74 of said chapter 119 is hereby further amended by striking out the number “20” and inserting in place thereof the following number: 21

SECTION 105. Section 84 of said chapter 119, as so appearing, is hereby amended by striking out in line 12 the word “seven” and inserting in place thereof the word:- twelve

SECTION 106. Said section 84 of said chapter 119 is hereby amended by striking out in lines 12 to 13 inclusive the words “eighteen (or nineteen)” and inserting in place thereof the following words:- nineteen (or twenty)

SECTION 107. Said lines 12 to 13 inclusive of said section 84 of said chapter 119 is hereby further amended by striking out the words “nineteen (or twenty)” and inserting in place there of the following words:- twenty (or twenty one)

SECTION 108. Said lines 12 to 13 inclusive of said section 84 of said chapter 119 is hereby further amended by striking out the words “twenty (or twenty one)” and inserting in place there of the following words:- twenty one (or twenty two)

SECTION 109. Section 15 of chapter 120 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 3 and 4 the number “18” and inserting in place thereof the following number:- 19

SECTION 110. Said lines 3 and 4 of said section 15 of said chapter 120 is hereby further amended by striking out the number “19” and inserting in place there of the following number:- 20

SECTION 111. Said lines 3 and 4 of said section 15 of said chapter 120 is hereby further amended by striking out the number “20” and inserting in place there of the following number:- 21

SECTION 112. Section 21 of said chapter 120 is hereby amended by striking out in line 17 the number “18” and inserting in place thereof the following number:-19

SECTION 113. Said line 17 of said section 21 of said chapter 120 is hereby further amended by striking out the number “19” and inserting in place there of the following number:- 20

SECTION 114. Said line 17 of said section 21 of said chapter 120 is hereby further amended by striking out the number “20” and inserting in place there of the following number:- 21

SECTION 115. Section 13 of chapter 250 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following number:-19

SECTION 116.  Said line 3 of said section 13 of said chapter 250 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 117.  Said line 3 of said section 13 of said chapter 250 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 118. Section 2 of chapter 258E of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 7 the number “18” and inserting in place thereof the following number:-19

SECTION 119.  Said line 7 of said section 2 of said chapter 258E is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 120.  Said line 7 of said section 2 of said chapter 258E is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 121. Section 15A of chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 24 and 46 the number “18” and inserting in place thereof the following number:-19

SECTION 122.  Said lines 24 and 46 of said section 15A of said chapter 265 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 123.  Said lines 24 and 46  of said section 15A of said chapter 265 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 124. Section 15B of chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 24 the number “18” and inserting in place thereof the following number:-19

SECTION 125.  Said line 24 of said section 15B of said chapter 265 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 126.  Said line 24 of said section 15B of said chapter 265 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 127. Section 18 of chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 26 the number “18” and inserting in place thereof the following number:-19

SECTION 128.  Said line 26 of said section 18 of said chapter 265 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 129.  Said line 26 of said section 18 of said chapter 265 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 130. Section 18B of chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 43 the number “18” and inserting in place thereof the following number:-19

SECTION 131.  Said line 43 of said section 18B of said chapter 265 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 132.  Said line 43 of said section 18B of said chapter 265 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 133. Section 19 of chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 23 the number “18” and inserting in place thereof the following number:-19

SECTION 134.  Said line 23 of said section 19 of said chapter 265 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 135.  Said line 23 of said section 19 of said chapter 265 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 136. Section 43 of chapter 265 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 56 and 89 the number “18” and inserting in place thereof the following number:-19

SECTION 137.  Said lines 56 and 89 of said section 43 of said chapter 265 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 138.  Said lines 56 and 89 of said section 43 of said chapter 265 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 139. Section 10 of chapter 269 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 53, 55, 223 and 255 the number “18” and inserting in place thereof the following number:-19

SECTION 140.  Said lines 53, 55, 223 and 255 of said section 10 of said chapter 269 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 141.  Said lines 53, 55, 223 and 255 of said section 10 of said chapter 269 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 142. Section 10E of chapter 269 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 40 and 42 the number “18” and inserting in place thereof the following number:-19

SECTION 143.  Said lines 40 and 42 of said section 10E of said chapter 269 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 144.  Said lines 40 and 42 of said section 10E of said chapter 269 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 145. Section 10F of chapter 269 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 4, 28 and 32 the number “18” and inserting in place thereof the following number:-19

SECTION 146. Section 10F of chapter 269 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 50 the number “17” and inserting in place thereof the following number:-19

SECTION 147.  Said lines 4, 28, 32 and 50 of said section 10F of said chapter 269 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 148.  Said lines 4, 28, 32 and 50 of said section 10F of said chapter 269 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 149. Section 10G of chapter 269 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 34 the number “18” and inserting in place thereof the following number:-19

SECTION 150.  Said line 34 of said section 10G of said chapter 269 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 151.  Said line 34 of said section 10G of said chapter 269 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 152. Section 87 of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 7 and 14 the number “18” and inserting in place thereof the following number:-19

SECTION 153.  Said lines 7 and 14 of said section 87 of said chapter 276 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 154.  Said lines 7 and 14 of said section 87 of said chapter 276 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 155. Section 89A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following number:- 19

SECTION 156. Said line 3 of said section 89A of said chapter 276 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 157. Said line 3 of said section 89A of said chapter 276 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 158.  Section 100B of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out said section in its entirety and inserting in place thereof the following new section:-

Section 100B.

(a) Any person having a record of entries of a court appearance in any proceeding pursuant to section 52 to 62 of chapter 119, inclusive, in the commonwealth on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that any court appearance or disposition including court supervision, probation, commitment or parole, the records for which are to be sealed, terminated not less than one year prior to said request; (2) that said person has not been adjudicated delinquent or found guilty of any criminal offense within the commonwealth in the one year preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of five-hundred and fifty dollars nor been imprisoned under sentence or committed as a delinquent within the commonwealth within the preceding one year; and (3) said form includes a statement by the petitioner that he has not been adjudicated delinquent or found guilty of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and has not been imprisoned under sentence or committed as a delinquent in any state or county within the preceding one year.

(b) At the time of dismissal of a case, nolle prosequi, non-adjudication or when imposing any sentence, period of commitment or probation, or other disposition under section 58 of said chapter 119, the court shall inform all juveniles in writing of their right to seek sealing under this section, and that if the case ended in a dismissal, nolle prosequi, or without an adjudication, the court shall order sealing of the record at the time of the disposition unless the person charged with the offense objects.  The court shall also notify said juvenile that the record will be expunged three years after it is sealed unless the person charged with the offense objects.

(c) When records of delinquency and youthful offender appearances and dispositions are sealed by the commissioner in his files, the commissioner shall notify forthwith the clerk and the probation officer of the courts in which the adjudications or dispositions have occurred, or other entries have been made, police department from where the charges originated and the department of youth services of such sealing, and said clerks, probation officers, police department and department of youth services likewise shall seal records of the same proceedings in their files. Sealing of records under this section shall not preclude expungement of police records. The commissioner of probation also shall notify the State Police of such sealing and the State Police shall notify the Federal Bureau of Investigation of the sealing order and request that the FBI note that the record was sealed in its records if it has a record of the case.

Such sealed records of a person shall not operate to disqualify a person in any future examination, appointment or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in juvenile or criminal proceedings.

Notwithstanding any other provision to the contrary, the commissioner shall report such sealed  juvenile record to inquiring police and court agencies only as ''sealed juvenile record over one year old'' and to other authorized persons who may inquire as ''no record''. The information contained in said sealed juvenile record shall be made available to a judge or probation officer who affirms that such person, whose record has been sealed, has been adjudicated a delinquent or has pleaded guilty or has been found guilty of and is awaiting sentence for a crime committed subsequent to sealing of such record. Said information shall be used only for the purpose of consideration in imposing sentence.

SECTION 159. Section 100D of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 8 the number “17” and inserting in place thereof the following number:-19

SECTION 160.  Said line 8 of said section 100D of said chapter 276 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 161.  Said line 8 of said section 100D of said chapter 276 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 162.  Said chapter 276, as so, is hereby further amended adding, after section 100D, the following new section:-

Section 100E.  Expungement of a court record.

(a) For the purpose of this section, the words expunge, expunged and expungement shall mean permanent erasure or destruction of information so that the information is no longer maintained in any file or record in an electronic, paper or other physical form.

(b) Notwithstanding section 100B, a person with a record of court appearances and dispositions in any proceeding pursuant to section 52 to 62 of chapter 119, inclusive, shall have the records of such a proceeding expunged upon the filing of a petition to expunge records with the commissioner of probation provided that:

(1) any juvenile court appearance or disposition including court supervision, probation, commitment or parole, the sealed records of misdemeanor offenses for which are to be expunged terminated not less than three years prior to said request; other sealed records may be expunged upon the filing of a petition with the court in which the appearance or disposition occurred if there is good cause to expunge the record, which shall include a determination of whether there is a foreseeable disadvantage related to employment, housing or access to other opportunities if the records are not expunged.

(2) that said person had no juvenile adjudication, was not found guilty of any criminal offense within the commonwealth in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of five hundred and fifty dollars, and was not imprisoned under sentence or committed to the Department of Youth Services within the commonwealth within the preceding three years; and

(3) said form includes a statement by the petitioner that during the preceding three years, the petitioner had no juvenile adjudication, was not found guilty of a criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and was not imprisoned under sentence or committed as a juvenile in any state or county within the preceding three years.

(c) The court shall also allow a petitioner to expunge the record if a case ended in a dismissal, nolle prosequi, or without an adjudication because: (1) the person charged with an offense was misidentified or mistakenly charged with an offense due to an error by law enforcement or court employees, or the person arrested or accused of committing the offense provided a false name;   or (2) fraud was perpetrated on the court related to offense.  

(d) The form of the petition to expunge shall be furnished by the commissioner of probation.

(e) For any petition to expunge granted under this section, the clerks and probation officers of the courts in which the proceedings occurred or were initiated shall expunge all the records of the proceedings in their files in their paper, electronic, and any other form.

(f) Notwithstanding any other general or special law to the contrary, in the case of an expunged record, the commissioner of probation and the clerk of courts in a district court, superior court, juvenile court and the Boston municipal court, shall report that no record exists in response to inquiries.

An applicant for employment, housing or an occupational license with an expunged record may answer no record to any inquiry regarding prior arrests, adjudications or other dispositions that were contained in an expunged record.

The expunged record shall not operate to disqualify any person in an examination, appointment or application for public employment in the service of the commonwealth or a subdivision thereof and no such appearances or dispositions shall be used against a person in any way in any court proceeding or hearing before a court, board or commission to which that person is a party to the proceeding.

(g) Notwithstanding any General or Special Laws to the contrary, once the commissioner of probation expunges the records within the commissioner’s possession, the commissioner shall notify the department of youth services of the expungement and the department shall expunge such records from the department’s files. Any records subject to an expungement order shall be expunged in their paper, electronic and any other physical form.

(h) The commissioner of probation shall also notify the State Police of such expungement and the State Police shall notify the Federal Bureau of Investigation of the expungement order and request that the FBI expunge its fingerprint and other records related to the case.

SECTION 163. Section 2 of chapter 276A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in lines 6 and 10 the number “18” in and inserting in place thereof the following number:- 19

SECTION 164. Said lines 6 and 10 of said section 2 of said chapter 276A is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 165. Said lines 6 and 10 of said section 2 of said chapter 276A is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 166. Section 6B of chapter 280 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting

in place thereof the following number:- 19

SECTION 167. Said line 3 of said section 6B of said chapter 280 is hereby further amended by striking out the number “19” and inserting in place thereof the number:- 20

SECTION 168. Said line 3 of said section 6B of said chapter 280 is hereby further amended by striking out the number “20” and inserting in place thereof the number:- 21

SECTION 169.  Notwithstanding any general or special law to the contrary, juvenile records, including, but not limited to, juvenile conviction data, juvenile arrest data, or juvenile sealed record data, shall not be shared with the Registry of Motor Vehicles by the court, probation, district attorney, law enforcement agencies, the department of criminal justice information services, or any other agency or entity that lawfully possesses such records.

SECTION 170. There shall be a Juvenile Justice Policy and Data Commission convened by the Child Advocate for Massachusetts.  The Commission shall evaluate policies related to the juvenile justice system, oversee the collection and dissemination of aggregate data regarding the system, and study the implementation of any major statutory changes to the juvenile justice system, including but not limited to the expansion of juvenile jurisdiction to include persons eighteen, nineteen and twenty years of age.

The Commission shall consist of the following members or their designees: Two members of the General Court, one of whom shall be appointed by the speaker of the House of Representatives, and one of whom shall be appointed by the President of the Senate; the Child Advocate; the chief justice of the juvenile court; the commissioner of probation; the commissioner of youth services; the commissioner of children and families; the commissioner of mental health; the commissioner of public health; the Secretary of Education; the chief counsel of the Committee for Public Counsel Services; the executive director of the Massachusetts District Attorneys’ Association; the chair of the Massachusetts Juvenile Justice Advisory Committee;  the executive director of Citizens for Juvenile Justice, Inc.; the executive director of the Children’s League of Massachusetts; a representative of the Massachusetts Chiefs of Police Association; 2 parents whose children have been subject to Juvenile Court jurisdiction; and 1 member to be appointed by the governor who shall have experience or expertise related to the design and implementation of state administrative data systems.  All appointments to the Commission shall be made not less than 30 days after the enactment of this legislation. 

The task force shall have an Executive Director who shall convene the Commission, prepare reports as called for herein; and identify academic research partners in Massachusetts or elsewhere to assist in the analysis and reporting.

Not later than January 1, 2019, and no later than each January 1 following, the Commission shall report to the Clerks of the Senate and the House of Representatives, the Chief Judge of the Trial Court, and the Governor, regarding the following:

(a) Any statutory changes concerning the juvenile justice system that the committee recommends to (A) improve public safety, (B) promote the best interests of children and youths who are under the jurisdiction, supervision, care or custody of the Juvenile Court, the Commissioner of Youth Services, or the Commissioner of Child Welfare; (C) improve transparency and accountability with respect to state-funded services for children and youths in the juvenile justice system with an emphasis on goals identified by the committee for community-based programs and facility-based interventions; and (D) promote the efficient sharing of information between the Executive Branch and the Judicial Branch to ensure the regular collection and reporting of recidivism data and promote public welfare and public safety outcomes related to the juvenile justice system

(b) Short-term goals to be met within twelve months, medium-term goals to be met within eighteen months and long-term goals to be met within thirty-six months, for the Commission and state agencies with responsibilities with respect to the juvenile justice system to meet, after considering existing relevant reports related to the juvenile justice system and any related agency or entity strategic plans;

(c) By no later than January 1, 2018, the capacities and limitations of the data systems and networks used to collect and report state and local juvenile caseload and outcome data. The analysis shall include all of the following:

i. a review of the relevant data systems, studies and models from the commonwealth and other states;

ii. identification of changes or upgrades to current data collection processes to remove inefficiencies, track and monitor state agency and court-involved juveniles and facilitate the coordination of information sharing between relevant agencies and the courts, including without limitation data that is required to be reported under federal law or for purposes of securing federal funding;

iii. the identification and evaluation of any racial and ethnic disparities within the juvenile justice system and recommendations regarding ways to reduce such disparities;

iv. recommendations for the creation of a web-based statewide clearinghouse or information center that would make relevant juvenile justice information on operations, caseloads, dispositions and outcomes available in a user-friendly, query-based format for stakeholders and members of the public, including a feasibility assessment of implementing such a system;

v. a plan for improving the current juvenile justice reporting requirements, including streamlining and consolidating current requirements without sacrificing meaningful data collection and including a detailed analysis of the information technology and other resources necessary to implement improved data collection.

vi. any other matters which the task force determines may improve the collection of, and interagency coordination of, juvenile justice data.

(d) The impact of any legislation that expands or alters the jurisdiction or functioning of the juvenile court, including but not limited to legislation to include persons eighteen, nineteen and twenty years of age within the jurisdiction of the juvenile system, as measured by the following: (A) Any change in the average age of children and youths involved in the juvenile justice system; (B) The types of services used by designated age groups and the outcomes of those services; (C) The types of delinquent acts or criminal offenses that children and youths have been charged with since the enactment and implementation of such legislation; and (D) The gaps in services identified by the committee with respect to children and youths involved in the juvenile justice system, including, but not limited to, children and youths who have attained the age of eighteen after being involved in the juvenile justice system, and recommendations to address such gaps in services; and (5) Strengths and barriers identified by the committee that support or impede the educational needs of children and youths in the juvenile justice system, with specific recommendations for reforms.

(e) The quality and accessibility of diversionary programs available to children and youths in this state;

(f) An assessment of the system of community-based services for children and youths who are under the supervision, care or custody of the Department of Youth Services or the Juvenile Court;

(g) An assessment of the number of children and youths who, after being or while under the supervision or custody of the Department of Children and Families, are adjudicated delinquent or as a youthful offender; and

(h) An assessment of the overlap between the juvenile justice system and the mental health care system for children in Massachusetts.

(i) Any appropriations necessary to accomplish any goals or suggested policy changes identified by the Commission.

The Commission shall establish a timeframe for review and reporting regarding the responsibilities outlined in this section. Each report submitted by the Commission shall include specific recommendations to improve outcomes and a timeline by which specific tasks or outcomes must be achieved.

SECTION 171. Sections 1, 4, 7, 10, 13, 16, 19, 22, 25, 26, 29, 32, 33, 34, 37, 38, 39, 40, 41, 42, 43, 44, 47, 50, 53, 56, 59, 62, 65, 66, 69, 70, 73 , 74, 77, 80, 83, 86, 89, 92, 93, 96, 99, 102, 105, 106, 109, 112, 115, 118, 121, 124, 127, 130, 133, 136, 139, 142, 145, 146, 149, 152, 155, 158, 159, 162, 163, 166, 169 and 170 shall take effect on July 1, 2018.

SECTION 172. Sections 1, 4, 7, 10, 13, 16, 19, 22, 26, 29, 34, 44, 47, 50, 53, 56, 59, 62, 66,  70, 74, 77, 80, 83, 86, 89, 93, 96, 99, 102, 106, 109, 112, 115, 118, 121, 124, 127, 130, 133, 136, 139, 142, 145, 146, 149, 152, 155, 159, 163 and 166 are hereby repealed.

SECTION 173. Section 172 shall take effect on July 1, 2019.

SECTION 174. Sections 2, 5, 8, 11, 14, 17, 20, 23, 27, 30, 35, 45, 48, 51, 54, 57, 60, 63, 67, 71, 75, 78, 81, 84, 87, 90, 94, 97, 100, 103, 107, 110, 113, 116, 119, 122, 125, 128, 131, 134, 137, 140, 143, 147, 150, 153, 156, 160, 164 and 167 shall take effect on July 1, 2019

SECTION 175. Sections 2, 5, 8, 11, 14, 17, 20, 23, 27, 30, 35, 45, 48, 51, 54, 57, 60, 63, 67, 71, 75, 78, 81, 84, 87, 90, 94, 97, 100, 103, 107, 110, 113, 116, 119, 122, 125, 128, 131, 134, 137, 140, 143, 147, 150, 153, 156, 160, 164 and 167 are hereby repealed.

SECTION 176. Section 175 shall take effect on July 1, 2020.

SECTION 177. Sections 3, 6, 9, 12, 15, 18, 21, 24, 28, 31, 36, 46, 49, 52, 55, 58, 61, 64, 68, 72, 76, 79, 82, 85, 88, 91, 95, 98, 101, 104, 108, 111, 114, 117, 120, 123, 126, 129, 132, 135, 138, 141, 144, 148, 151, 154, 157, 161, 165 and 168 shall take effect on July 1, 2020.