HOUSE DOCKET, NO. 3635        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3378

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Elizabeth A. Malia

_________________

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 providing easier and greater access to record sealing.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Elizabeth A. Malia

11th Suffolk

1/17/2019

Joseph A. Boncore

First Suffolk and Middlesex

2/1/2019

Antonio F. D. Cabral

13th Bristol

1/30/2019

Michelle L. Ciccolo

15th Middlesex

2/1/2019

Marjorie C. Decker

25th Middlesex

1/31/2019

Mindy Domb

3rd Hampshire

1/31/2019

Michelle M. DuBois

10th Plymouth

1/30/2019

James B. Eldridge

Middlesex and Worcester

1/31/2019

Carlos González

10th Hampden

2/1/2019

Jonathan Hecht

29th Middlesex

1/31/2019

Mary S. Keefe

15th Worcester

1/31/2019

David Henry Argosky LeBoeuf

17th Worcester

2/1/2019

Liz Miranda

5th Suffolk

1/30/2019

Michael O. Moore

Second Worcester

1/24/2019

Denise Provost

27th Middlesex

1/30/2019

David M. Rogers

24th Middlesex

1/31/2019

Lindsay N. Sabadosa

1st Hampshire

2/1/2019

Thomas M. Stanley

9th Middlesex

2/1/2019

José F. Tosado

9th Hampden

1/29/2019

Chynah Tyler

7th Suffolk

2/1/2019


HOUSE DOCKET, NO. 3635        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3378

By Ms. Malia of Boston, a petition (accompanied by bill, House, No. 3378) of Elizabeth A. Malia and others relative to the sealing of and access to sealed court records.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act providing easier and greater access to record sealing.

 

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 100A of chapter 276 of the General Laws, as so appearing, is hereby amended by inserting after the last sentence in the first paragraph, as amended by sections 186 to 192, inclusive, of chapter 69 of the acts of 2018, the following sentence:-

Notwithstanding the provisions in this section for filing of a request to seal records or any other provision to the contrary, the commissioner of probation shall seal records of criminal court appearances and dispositions in the commonwealth on file with the commissioner of probation that are eligible for sealing under this section within ninety days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed.

SECTION 2.  Section 100B of chapter 276 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the last sentence in the first paragraph in line 20, the following sentence:-

Notwithstanding this provision or any other provision to the contrary, the commissioner of probation shall seal juvenile court appearances and dispositions in the commonwealth on file with the commissioner of probation that are eligible for sealing under this section within ninety days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed.

SECTION 3.  Chapter 276 of the General Laws is hereby amended by striking out section 100Q, as inserted by section 195 of said chapter 69, and inserting in place thereof the following section:-

Section 100Q. Unless otherwise provided by law, no person shall make records sealed pursuant to section 100A, 100B, or 100C or expunged pursuant to section 100F, 100G, section 100H, or section 100K available for inspection in any form by any person.