HOUSE DOCKET, NO. 3475        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3084

The Commonwealth of Massachusetts

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PRESENTED BY:

Elizabeth A. Malia

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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 promoting community prosperity by further reforming criminal offender record information.

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PETITION OF:

HOUSE DOCKET, NO. 3475        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3084

The Commonwealth of Massachusetts

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

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An Act promoting community prosperity by further reforming criminal offender record information.

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 the definition of “criminal offender record information” the second sentence in lines 31 through 33, and inserting in place thereof the following sentence:-

Such information shall be restricted to that recorded in criminal proceedings that are not dismissed before arraignment.

SECTION 2. Section 167 of chapter 6 of the General Laws, as appearing in the 2014 edition, is amended by striking out, in line 41 to 42, the words “is adjudicated as an adult” and inserting in place thereof the words:- was tried as an adult in superior court or tried as an adult after transfer of a case from a juvenile session to another trial court department.

SECTION 3. Section 175 of chapter 6 of the General Laws,  as appearing in the 2014 Official Edition, is amended by inserting, in line16, after the last sentence, the following sentences:-

The commissioner of probation shall make a form available to permit a data subject to submit the form at a probation office to request correction of errors that appear as part of his her criminal offender record information, including but not limited to disposition errors, surname errors, wrong dates of birth, and other clerical errors.  The form shall be available at probation offices and on the internet for submission to local probation offices. The commissioner of probation or a probation officer upon receipt of such a request shall correct the errors within 20 business days.

SECTION 4. Section 13 of chapter 119A of the General Laws, as appearing in the 2014 Official Edition, is amended by inserting, in line 45, after the last sentence in paragraph (d), the following paragraph:-

(d) Within 15 days of admission of an inmate to a house of corrections or department of corrections facility, the commissioner of corrections or the sheriff for the facility shall provide information, including an application for IV-D services, to the inmate and inform the inmate of his or her right to request services from the IV-D agency pursuant to section 2 of this chapter to modify a child support order so as to avoid accrual of child support arrearages.

SECTION 5. Section 100A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended, by striking in lines 9, 14 and 21, the number “5” and inserting in place thereof the number “3”

SECTION 6. Section 100A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended, by striking in lines 12, 15 and 22, the number “10” and inserting in place thereof the number “7”

SECTION 7. Section 100A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended by inserting, in line 28, between the number “268A” and the period at the end of the sentence, the words- “,except for convictions for resisting arrest”

SECTION  8. Section 100A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended by striking, in line 83, the words “for employment used by an employer” between the words “application” and “which” and inserting in place thereof, the following words:- used to screen applicants for employment, housing or an occupational license”

SECTION 9. Section 100A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended by inserting, in line 85 to 86, the words “or for housing or an occupational license” between the words “employment” and “with”

SECTION 10. Section 100A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended by inserting, in line 89, the words “or for housing or an occupational or professional license” between the words “employment” and “with”

SECTION 11. Section 100A of chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended by inserting, in line 92, the words “or for housing or an occupational license” between the words “employment” and “may”

SECTION 12. Section 100C of Chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended by striking, in line 23, the words “for employment used by an employer” between the words “application” and “which” and inserting in place thereof, the following words:- used to screen applicants for employment, housing or an occupational license”

SECTION 13. Section 100C of Chapter 276 of the General Laws, as appearing in the 2014 Official Edition, is amended by inserting, in line 26 through 27, the words “or for housing or an occupational license” between the words “employer” and “with”.