Bill S.2170 190th (2017 - 2018)

Senate, Monday, October 2, 2017 - The committee on the Judiciary to whom was referred the petitions (accompanied by bill, Senate, No. 755) of Michael J. Barrett, Marjorie C. Decker, John W. Scibak, Jason M. Lewis and other members of the General Court for legislation to restrict fine time sentences; (accompanied by bill, Senate, No. 757) of Joseph A. Boncore and Leonard Mirra for legislation relative to permitting the court to expunge the records of innocent persons, persons not connected to an alleged offense; (accompanied by bill, Senate, No. 758) of Joseph A. Boncore for legislation to permit the court to expunge the record of persons struggling with substance abuse or charged with possession of certain Class D controlled substances; (accompanied by bill, Senate, No. 759) of Joseph A. Boncore and Alice Hanlon Peisch for legislation relative to civil infractions for juveniles; (accompanied by bill, Senate, No. 760) of Joseph A. Boncore and Jack Lewis for legislation relative to diversion programs; (accompanied by bill, Senate, No. 761) of Joseph A. Boncore, Jason M. Lewis and RoseLee Vincent for legislation relative to judicial relief for substance abuse through diversion; (accompanied by bill, Senate, No. 769) of William N. Brownsberger and Paul R. Heroux for legislation to protect the rights of probationers in drug courts; (accompanied by bill, Senate, No. 770) of William N. Brownsberger, James B. Eldridge, Solomon Goldstein-Rose, Sonia Chang-Diaz and other members of the General Court for legislation to provide community-based sentencing alternatives for primary caretakers of dependent children who have been convicted of non-violent crimes; (accompanied by bill, Senate, No. 777) of William N. Brownsberger, Michael J. Barrett, Marjorie C. Decker, Jack Lewis and other members of the General Court for legislation to reduce the criminalization of poverty; (accompanied by bill, Senate, No. 790) of Sonia Chang-Diaz, Chris Walsh, Jose F. Tosado, Jason M. Lewis and other members of the General Court for legislation to codify juvenile court best practices; (accompanied by bill, Senate, No. 791) of Sonia Chang-Diaz, Chris Walsh, Marjorie C. Decker, Carmine L. Gentile and other members of the General Court for legislation to increase neighborhood safety and opportunity; (accompanied by bill, Senate, No. 792) of Cynthia S. Creem and District Attorney Marian T. Ryan for legislation relative to costs of appeals by the Commonwealth; (accompanied by bill, Senate, No. 815) of Cynthia S. Creem and Denise Provost for legislation to expand eligibility for diversion to treatment for criminal offenders; (accompanied by bill, Senate, No. 816) of Cynthia S. Creem, Marjorie C. Decker, Jack Lewis, James B. Eldridge and other members of the General Court for legislation to expand juvenile court jurisdiction and district court diversion; (accompanied by bill, Senate, No. 817) of Cynthia S. Creem, Jason M. Lewis, Marjorie C. Decker, Michael J. Barrett and other members of the General Court for legislation relative to testimony in criminal proceedings; (accompanied by bill, Senate, No. 819) of Cynthia S. Creem, Joseph A. Boncore, Denise Provost, Marjorie C. Decker and other members of the General Court for legislation to repeal mandatory minimum sentences for non-violent drug offenses; (accompanied by bill, Senate, No. 827) of Cynthia S. Creem, Jason M. Lewis, Denise Provost and Sal N. DiDomenico for legislation to review of bail for inability to pay; (accompanied by bill, Senate, No. 834) of Kenneth J. Donnelly, Marjorie C. Decker, David M. Rogers, Jason M. Lewis and other members of the General Court for legislation to reform pretrial process; (accompanied by bill, Senate, No. 837) of Eileen M. Donoghue, James R. Miceli, Sarah K. Peake, William Crocker and other members of the General Court for legislation to criminalize the trafficking of carfentanil; (accompanied by bill, Senate, No. 842) of James B. Eldridge, Marjorie C. Decker, Kay Khan and Patricia D. Jehlen for legislation to decriminalize being in the presence of heroin; (accompanied by bill, Senate, No. 845) of James B. Eldridge, Jason M. Lewis, Mary S. Keefe, Marjorie C. Decker and other members of the General Court for legislation relative to the expungement of records of persons falsely accused and juveniles; (accompanied by bill, Senate, No. 847) of James B. Eldridge, Sean Garballey, Jason M. Lewis, Ruth B. Balser and other members of the General Court for legislation to promote restorative justice practices for juveniles and adults; (accompanied by bill, Senate, No. 852) of Jennifer L. Flanagan for legislation to prevent intimidation in all courts of the Commonwealth; (accompanied by bill, Senate, No. 857) of Jennifer L. Flanagan for legislation relative to the solicitation of murder; (accompanied by bill, Senate, No. 858) of Jennifer L. Flanagan, Dylan Fernandes, Kathleen O'Connor Ives and Sonia Chang-Diaz for legislation to increase the penalties for corporate manslaughter; (accompanied by bill, Senate, No. 871) of Adam G. Hinds, William Smitty Pignatelli, Sonia Chang-Diaz and Sal N. DiDomenico for legislation to mandate that offenses for which a pardon has been granted be expunged from criminal offender record information reports; (accompanied by bill, Senate, No. 873) of Patricia D. Jehlen, James B. Eldridge, Marjorie C. Decker, Carmine L. Gentile and other members of the General Court for legislation relative to larceny; (accompanied by bill, Senate, No. 874) of Patricia D. Jehlen, Sonia Chang-Diaz, Jason M. Lewis, John F. Keenan and other members of the General Court for legislation relative to medical placement of terminal and incapacitated inmates; (accompanied by bill, Senate, No. 876) of Patricia D. Jehlen, Michael J. Barrett, Denise Provost, Paul R. Heroux and other members of the General Court for legislation to decriminalize non-violent and verbal student misconduct; (accompanied by bill, Senate, No. 878) of John F. Keenan, William N. Brownsberger, James M. Cantwell, Richard J. Ross and other members of the General Court for legislation to expand protection under the Good Samaritan law for drug-related overdoses; (accompanied by bill, Senate, No. 881) of John F. Keenan, Timothy R. Whelan and Carlos Gonzalez for legislation to update the definition of fentanyl trafficking; (accompanied by bill, Senate, No. 909) of Mark C. Montigny for legislation relative to corporate criminal conduct; (accompanied by bill, Senate, No. 916) of Michael O. Moore for legislation relative to the definition of attempt in criminal cases; (accompanied by bill, Senate, No. 941) of Michael F. Rush, Linda Dean Campbell and Paul McMurtry for legislation to prohibit solicitation of a felony; (accompanied by bill, Senate, No. 944) of Karen E. Spilka, Marjorie C. Decker, Carmine L. Gentile, James B. Eldridge and other members of the General Court for legislation relative to sealing of juvenile records and expungement of court records; (accompanied by bill, Senate, No. 947) of Karen E. Spilka, Jason M. Lewis, James B. Eldridge, Jack Lewis and other members of the General Court for legislation to promote transparency, best practices, and better outcomes for children and communities; (accompanied by bill, Senate, No. 975) of James E. Timilty for legislation relative to juvenile intimidation of witnesses, jurors and persons furnishing information in connection with criminal proceedings; (accompanied by bill, Senate, No. 979) of James E. Timilty for legislation relative to gang violence and witness intimidation; On so much of the message of His Excellency the Governor for legislation relative to reforming fine time (Senate, No. 2050); (accompanied by bill, House, No. 716) of Bruce J. Ayers and James M. Murphy for legislation to allow local housing authorities access to criminal records of tenants and prospective tenants; (accompanied by bill, House, No. 725) of Antonio F. D. Cabral relative to making drug dealing subject to dangerousness hearing determinations; (accompanied by bill, House, No. 728) of Antonio F. D. Cabral relative to improving the administration and efficiency of the judicial system; (accompanied by bill, House, No. 730) of Daniel Cahill relative to malicious damage to certain motor vehicles; (accompanied by bill, House, No. 741) of Evandro C. Carvalho and others relative to eliminating mandatory minimum sentences related to drug offenses; (accompanied by bill, House, No. 742) of Evandro C. Carvalho and others relative to compensation for victims of homicide; (accompanied by bill, House, No. 745) of Tackey Chan and others relative to juvenile intimidation of witnesses, jurors and persons furnishing information in connection with criminal proceedings; (accompanied by bill, House, No. 754) of Claire D. Cronin and others relative to testimony of certain parents or minor children; (accompanied by bill, House, No. 755) of Claire D. Cronin and others relative to diversions from juvenile court processing of certain children ; (accompanied by bill, House, No. 756) of Claire D. Cronin and others for legislation to expunge the records of persons falsely accused and juveniles; (accompanied by bill, House, No. 760) of Josh S. Cutler and others relative to the expunging of criminal history records of certain youthful offenders; (accompanied by bill, House, No. 793) of Sean Garballey and others for legislation promoting restorative justice practices; (accompanied by bill, House, No. 794) of Sean Garballey and others relative to the criteria for the release of terminally ill inmates to alternative locations of confinement; (accompanied by bill, House, No. 805) of Colleen M. Garry relative to the criteria for the release of terminally ill inmates to alternative locations of confinement; (accompanied by bill, House, No. 819) of Carlos Gonzalez and others for legislation to decriminalize certain non-violent demonstrations by students; (accompanied by bill, House, No. 820) of Carlos Gonzalez and others relative to eliminating mandatory minimum sentences related to drug offenses; (accompanied by bill, House, No. 821) of Carlos Gonzalez and Russell E. Holmes for legislation to establish guidelines for the releasing of prisoners for medical reasons; (accompanied by bill, House, No. 839) of Paul R. Heroux relative to the standard of proof for juvenile defendants; (accompanied by bill, House, No. 843) of Paul R. Heroux and others relative to the reporting of recidivism reducing program outcomes by the Department of Correction; (accompanied by bill, House, No. 853) of Randy Hunt and others relative to bail fees; (accompanied by bill, House, No. 860) of Bradley H. Jones, Jr. and others for legislation to waive the fee for legal custodians to obtain the criminal record information of certain childcare providers; (accompanied by bill, House, No. 863) of Bradley H. Jones, Jr. and others relative to authorizing the courts of the Commonwealth to establish a system of juvenile restitution; (accompanied by bill, House, No. 874) of Kay Khan relative to the cost of appeals by defendants who are not indigent; (accompanied by bill, House, No. 875) of Kay Khan and others relative to the use of restraints and best practices in juvenile court proceedings; (accompanied by bill, House, No. 883) of David Paul Linsky and others relative to indigent defense counsel; (accompanied by bill, House, No. 884) of David Paul Linsky and others relative to the criminal penalty for certain disorderly persons and disturbers of the peace; (accompanied by bill, House, No. 885) of David Paul Linsky and others relative to the penalty imposed for malicious destruction of property; (accompanied by bill, House, No. 886) of David Paul Linsky and others relative to larceny; (accompanied by bill, House, No. 888) of David Paul Linsky and Marian T. Ryan (Middlesex District Attorney) relative to intimidation in the criminal justice system; (accompanied by bill, House, No. 895) of Jay D. Livingstone relative to the eligibility for diversion to treatment for certain criminal offenders; (accompanied by bill, House, No. 907) of James R. Miceli and others relative to providing immunity for individuals under age 21 seeking medical assistance for alcohol-related overdoses; (accompanied by bill, House, No.940) of Angelo J. Puppolo, Jr., Brian M. Ashe and John C. Velis for legislation to authorize the Commonwealth to file appeals of bail decisions; (accompanied by bill, House, No. 941) of David M. Rogers and others for legislation to properly punish the solicitation of felony crimes; (accompanied by bill, House, No. 943) of David M. Rogers and others relative to fees for indigent defendants and the verification of indigency; (accompanied by bill, House, No. 953) of Byron Rushing and others relative to the collection and public availability of crime and arrest data; (accompanied by bill, House, No. 963) of Thomas M. Stanley and others for legislation to establish a pilot program to discourage drinking by individuals under the legal drinking age and to provide a non-criminal disposition process for first offenders, including alcohol education; (accompanied by bill, House, No. 967) of Chynah Tyler and others relative to penalties for the crime of larceny; (accompanied by bill, House, No. 969) of Aaron Vega and others relative to the penalties for providing false information to law enforcement officials; (accompanied by bill, House, No. 988) of Timothy R. Whelan and others relative to the definition of fentanyl; (accompanied by bill, House, No. 989) of Bud Williams and others relative to eliminating mandatory minimum sentences related to drug offenses; (accompanied by bill, House, No. 990) of Bud Williams and others for legislation to decriminalize certain non-violent demonstrations by students; (accompanied by bill, House, No. 2248) of Ruth B. Balser and others for legislation to protect certain inmates from unnecessary placement in solitary confinement; (accompanied by bill, House, No. 2249) of Ruth B. Balser and others for legislation to establish a segregation oversight committee on the use of disciplinary segregation and non-disciplinary segregation in correctional institutions; (accompanied by bill, House, No. 2250) of Paul Brodeur, Paul R. Heroux and James B. Eldridge relative to the penalties for tagging structures with paint; (accompanied by bill, House, No. 2251) of Paul Brodeur and others relative to adjournments of examinations and trials; (accompanied by bill, House, No. 2261) of Claire D. Cronin, Michelle M. DuBois and Jeffrey N. Roy relative to permitting the court to expunge criminal charges from the records of innocent persons; (accompanied by bill, House, No. 2308) of Mary S. Keefe and others relative to comprehensive criminal justice reform; (accompanied by bill, House, No. 2309) of Kay Khan and others relative to the sealing and court record expunging of juvenile records ; (accompanied by bill, House, No. 2323) of Elizabeth A. Malia and others relative to specialty courts; (accompanied by bill, House, No. 2337) of David M. Rogers and others relative to the reclassification of some low level non-violent felonies as misdemeanors; (accompanied by bill, House, No. 2338) of David M. Rogers and others relative to establishing reasonable limitations on the solitary confinement of inmates 21 years of age or younger; (accompanied by bill, House, No. 2359) of Chynah Tyler and others relative to making comprehensive changes to the criminal justice system of the Commonwealth; (accompanied by bill, House, No. 3037) of Evandro C. Carvalho and others relative to youthful offenders; (accompanied by bill, House, No. 3047) of Diana DiZoglio and others relative to voluntary civil commitment for alcohol and substance abuse treatment; (accompanied by bill, House, No. 3050) of Lori A. Ehrlich and others relative to the reporting of overdoses of controlled substance, alcohol, or combination of such substances; (accompanied by bill, House, No. 3071) of Russell E. Holmes and others relative to segregation of prisoners and inmates; (accompanied by bill, House, No. 3072) of Russell E. Holmes and others relative to providing community-based sentencing alternatives for primary caretakers of dependent children convicted of non-violent crimes; (accompanied by bill, House, No. 3075) of Daniel J. Hunt and Linda Dorcena Forry relative to the protection of the families of violent crime from intimidation; (accompanied by bill, House, No. 3077) of Mary S. Keefe and others relative to fine time sentences, so-called; (accompanied by bill, House, No. 3078) of Kay Khan and others relative to youthful offenders; (accompanied by bill, House, No. 3079) of Kay Khan and others relative to the treatment and interaction of juveniles within the state justice system and the collection and reporting of statistical data regarding such juveniles by certain state agencies; (accompanied by bill, House, No. 3084) of Elizabeth A. Malia and others relative to criminal offender record information; (accompanied by bill, House, No. 3092) of Christopher M. Markey and others for legislation to authorize the collection of data regarding the use of solitary confinement in prisons, jails and houses of correction; (accompanied by bill, House, No. 3098) of Christopher M. Markey and Alice Hanlon Peisch for legislation to establish parent child testimonial privileges; (accompanied by bill, House, No. 3100) of Christopher M. Markey relative to dangerousness hearings; (accompanied by bill, House, No. 3110) of Joan Meschino and others relative to parole fees assessed upon persons receiving public assistance ; (accompanied by bill, House, No. 3116) of David K. Muradian, Jr. and others relative to further regulating the classes and penalties of controlled substances ; (accompanied by bill, House, No. 3120) of David M. Rogers and others for legislation to reform pretrial processes; (accompanied by bill, House, No. 3126) of Chynah Tyler and others relative to records of persons falsely accused of crimes; (accompanied by bill, House, No. 3494) of Claire D. Cronin and others relative to supervised medical parole of terminal and extraordinarily incapacitated inmates; (accompanied by bill, House, No. 3579) of Carolyn C. Dykema and others relative to juvenile or youthful offenders; (accompanied by bill, House, No. 3586) of Kay Khan and others relative to re-entry and rehabilitation programs for incarcerated women; and (accompanied by bill, House, No. 3650) of Michael S. Day and Gerard Cassidy relative to penalties for the crime of larceny,- reports the accompanying bill (Senate, No. 2170).

• Bill History
• Amendments
• Committee Vote