HOUSE DOCKET, NO. 1295        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3420

The Commonwealth of Massachusetts

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PRESENTED BY:

James J. O'Day and 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 to promote public safety and better outcomes for young adults.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1295        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3420

The Commonwealth of Massachusetts

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

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An Act to promote public safety and better outcomes for young adults.

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 7 of chapter 4 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the sixtieth clause, as amended by Section 1 of Chapter 69 of the Acts of 2018, and inserting in place thereof the following clause:- Sixtieth, “Age of criminal majority” shall mean the age of “19.”

SECTION 2. The Sixtieth clause of section 7 of chapter 4 of the General Laws, as so appearing, is further amended by striking out the number “19,” inserting in place thereof the following number:- 20

SECTION 3. The Sixtieth clause of section 7 of chapter 4 of the General Laws, as so appearing, is further amended by striking out the number “20,” and inserting in place thereof the following number:- 21

SECTION 4. Section 167 of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in the definition of “Criminal offender record information”, as amended by sections 3 and 4 of chapter 69 of the Acts of 2018, the number “18” and inserting in place thereof the following word:- criminal majority

SECTION 5. Section 20 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words “18 years” and inserting in place thereof the following words:- criminal majority

SECTION 6. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby amended by striking out, in line 14, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 7. Section 98F of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out in the second paragraph, as amended by sections 25 and 26 of chapter 69 of the Acts of 2018, the words “18 years of age” and inserting in place thereof the following words:-the age of criminal majority

SECTION 8. Section 32H of chapter 94C, as so appearing, is hereby amended by striking out in the second paragraph, as amended by sections 1 and 2 of chapter 72 of the Acts of 2018, the words “18 years of age or older” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 9. Section 32H of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in the second paragraph, as amended by sections 1 and 2 of chapter 72 of the Acts of 2018, the number “18” and inserting in place thereof the words:- the age of criminal majority

SECTION 10. Section 32M of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word “eighteen” and inserting in place thereof the following words:- criminal majority

SECTION 11. Section 32M of chapter 94C of the General Law, as so appearing, is hereby amended by striking out, in line 6, the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 12. Section 36 of chapter 94C of the General Law, as so appearing, is hereby amended by striking out in lines 6 and 7, inclusive, the words “his eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority

SECTION 13. Section 52 of chapter 119, as so appearing, is hereby amended by striking out, in the definition of “Delinquent child” as amended by section 72 of chapter 69 of the Acts of 2018, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 14. Section 52 of said chapter 119, as so appearing, is hereby amended by striking out, in the definition of “Youthful offender,” as amended by section 72 of chapter 69 of the Acts of 2018, the number “18” and inserting in place thereof the following words:- the age of criminal majority

SECTION 15. Section 54 of chapter 119, as so appearing, is hereby amended by striking out, in the first paragraph, as amended by section 73 of chapter 69 of the Acts of 2018, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority

SECTION 16. Section 54 of said chapter 119, as so appearing, is hereby amended by striking out, in the second paragraph, as amended by section 73 of chapter 69 of the Acts of 2018, the number “18” and inserting in place thereof the following words:- the age of criminal majority”

SECTION 17. Section 58 of chapter 119 of the General Laws, as so appearing, 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 inserting in place thereof the following words:- 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 18 or 19 in the case of a child whose case is disposed of after the child has attained the child’s eighteenth birthday or age 20 in the case of a child whose case is disposed of after the child attains the child’s 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 19 or age 20 in the case of a child whose case is disposed of after the child has attained the child’s nineteenth birthday, or age 21 in the case of a child whose case is disposed of after the child attains the child’s twentieth birthday

SECTION 18. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting, in line 12, after the words “after he attains his twentieth birthday” the following words:-  or age 22 in the case of a child whose case is disposed of after the child attains the child’s twenty-first birthday

SECTION 19. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby further amended by inserting, in line 12, after the words “his twenty first birthday” the following words:- or age 23 in the case of a child whose case is disposed of after the child attains the child’s twenty-second birthday

SECTION 20. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting, after the words “attains the age of eighteen” in lines 26 to 27, inclusive, the following words:- in a case where the offense occurred prior to the child’s eighteenth birthday

SECTION 21. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting, in lines 29 to 30, inclusive, after the words “nineteenth birthday’ the following words:- 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.”

SECTION 22. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the words “ twentieth birthday” the following words:-  or twenty-two in the case of a child whose case is disposed of after he has attained his twenty-first birthday

SECTION 23. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the words “twenty-first birthday”, the following words:- or twenty-two in the case of a child whose case is disposed of after he has attained his twenty-first birthday, or twenty three in the case of a child whose case is disposed of after he has attained his twenty-second birthday

SECTION 24.  Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the words “twenty-one”, in line 38, the following words:- 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 25.  Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the words “twenty-one”, in line 54, the following words:- 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 26.  Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the words “juvenile court probation department until the age of twenty-one”, in line 48, the following words:- 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 27.  Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by inserting after the words “twenty-one”, in line 54, the following words:- 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 28.  Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out the word “eighteenth”, in line 79, and inserting in place thereof the following words:- twenty-first

SECTION 29. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out the words “the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday”, in lines 77 to79, inclusive, and inserting in place thereof the following words:- any prison owned, operated, administered or subject to the control of the department of correction including, but not limited to: Massachusetts Correctional Institution, Cedar Junction; Massachusetts Correctional Institution, Norfolk; Massachusetts Correctional Institution, Concord; Massachusetts Correctional Institution, Framingham; Massachusetts Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Plymouth; Massachusetts Correctional Institution, Warwick; and Massachusetts Correctional Institution, Monroe, prior to his  twenty-first birthday

SECTION 30. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out 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”, in lines 97 to 99, inclusive, and inserting in place thereof the following 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

SECTION 31. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out 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”, in lines 97 to 99, inclusive, and inserting in place thereof the following 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

SECTION 32. Section 58 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out 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”, in lines 97 to 99, inclusive, and inserting in place thereof the following words:- until such child attains his twenty first 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 33. Section 60A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the words “ eighteenth birthdays” and inserting in place thereof the following words:- the age of criminal majority

SECTION 34. Section 60A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 20,  the words, “ been age 18 older” and inserting in place thereof the following words:- attained the age of criminal majority

SECTION 35. Section 60A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the words “were age 18 or older” and inserting in place thereof the following words:- attained the age of criminal majority

SECTION 36. Section 63A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “is 19 years of age” and inserting in place thereof the following words:- attained the age of criminal majority

SECTION 37. Section 63A of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the number “18” and inserting in place thereof the following number:- criminal majority

SECTION 38. Section 65 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority

SECTION 39. Section 66 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 5, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority

SECTION 40. Section 67 of Chapter 119, as so appearing, is hereby amended by striking out in subsection (a), subsection (b), and subsection (d) as amended by section 76 of chapter 69 of the Acts of 2018, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority

SECTION 41.  Chapter 119, as so appearing, is hereby amended by striking out in section 68 as amended by section 77 of chapter 69 of the Acts of 2018, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 42. Chapter 119, as so appearing, is hereby amended by striking out, in section 68, as amended by section 77 of chapter 69 of the Acts of 2018, the words “18 years of age” and inserting in place thereof the following words:-  the age of criminal majority

SECTION 43. Chapter 119, as so appearing, is hereby amended by striking out, in section 68A, as amended by section 77 of chapter 69 of the Acts of 2018, the words “18 years of age” and inserting in place thereof the following words:-  the age of criminal majority

SECTION 44. Section 70 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority

SECTION 45. Section 72 of chapter 119 of the General Laws, as so appearing,  is hereby amended by striking out, in lines 2 through 3, inclusive, the words “their eighteenth birthday” and inserting in place thereof the following words:- the age of criminal majority

SECTION 46. Section 72 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out in, line 9, the word “ twentieth” and inserting in place thereof the following words:- twenty first

SECTION 47. Section 72 of chapter 119 of the General Laws, as so appearing,  is hereby amended in by striking out, in line 9, the word “twenty first” and inserting in place thereof the following words:- twenty second

SECTION 48. Section 72 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out the word “twenty second” and inserting in place thereof the following words:- twenty third

SECTION 49. Section 72 of chapter 119 of the General Laws, as so appearing, is hereby 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 all provisions and rights applicable to a child under 18 shall apply to such child” and inserting in place thereof the following:- prior to attaining the age of criminal majority, and is not apprehended until between such child’s attainment of the age of criminal majority and the subsequent birthday, the court shall deal with such child in the same manner as if he has not attained the age of criminal majority and all provisions and rights applicable to a child under 18 shall apply to such child

SECTION 50.  Subsection (b) of section 72 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 18, the words “their eighteenth birthday”and inserting in place thereof the following words:- the age of criminal majority

SECTION 51.  Section 72 of said chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in line 25, the words “twenty-first and inserting in place thereof the following words:- twenty-third

SECTION 52. Section 72A of said chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 to 3, inclusive, the words “his eighteenth birthday, and is not apprehended until after his nineteenth birthday,” and inserting in place thereof the following:- attaining the age of criminal majority, and is not apprehended until after his subsequent birthday

SECTION 53. Section 72B of chapter 119 of the General Laws, as so appearing,  is hereby amended by striking out, in all instances, the words “his eighteenth birthday” and inserting in place thereof the following words:- attaining the age of criminal majority

SECTION 54. Section 74 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 3 through 4, inclusive, the words “his eighteenth birthday” and inserting in place thereof the following words:- attaining the age of criminal majority

SECTION 55. Section 74 of chapter 119 of the General Laws, as so appearing,  is hereby amended by striking out, in lines 10 and 14, the words “18 years of age” and inserting in place thereof the following words:-  the age of criminal majority

SECTION 56. Section 84 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out, in the first paragraph, as amended by section 78 of chapter 69 of the Acts of 2018, the words“eighteen (or nineteen) years of age” and inserting in place thereof the following words:- the age of criminal majority (or one year older)

SECTION 57. Section 86 of chapter 119, as so appearing, is hereby amended by striking out, in the definition of “Juvenile” of subsection (a), as amended by section 80 of chapter 69 of the Acts of 2018, the number “21” and inserting in place thereof the following number:- 23

SECTION 58. Section 89 of chapter 119, as so appearing, is hereby amended by striking out, in the definition of “Juvenile” of subsection (a), as amended by section 80 of chapter 69 of the Acts of 2018, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 59. Section 89 of chapter 119, as so appearing, is hereby amended by striking out, in the definition of “Juvenile” of subsection (a), as amended by section 80 of chapter 69 of the Acts of 2018, the number “22” and inserting in place thereof the following number:- 23

SECTION 60. Section 15 of chapter 120 of the General Laws, as so appearing, is hereby amended by striking out, in lines 3 and 4, the number “18” and inserting in place thereof the following words:- the age of criminal majority

SECTION 61. Section 21 of chapter 120 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6, 9 and 10, the word “conviction” and inserting in place thereof the following word:- adjudication

SECTION 62. Section 21 of chapter 120 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority

SECTION 63. Section 2A of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out, in subsection (f), as amended by section 107 of chapter 69 of the Acts of 2018, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority

SECTION 64. Section 13 of chapter 250 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 65. Section 2 of chapter 258E of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 66. Section 15A of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words “18 years of age” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 67.  Section 15A of said chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 46, the words “is 18 years of age or over” and inserting in place thereof the words:- has attained the age of criminal majority

SECTION 68. Section 15B of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 24, the words “ 18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 69. Section 18 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the number “18 years of over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 70. Section 18B of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 43, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 71. Section 19 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 72. Section 43 of chapter 265 of the General Laws, as so appearing, is hereby amended by striking out, in lines 56 and 89, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 73. Section 59 of chapter 265 of the General Laws, as added by section 132 of chapter 69 of the Acts of 2018, is hereby amended by striking out the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 74. Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 53, the words “18 years of age or older” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 75.  Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 55, the number “18” and inserting in place thereof the words:- the age of criminal majority

SECTION 76.  Section 10 of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in lines 223 and 225, the words “18 years of age or over” and inserting in place thereof the words:- who has attained the age of criminal majority”

SECTION 77. Section 10E of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in lines 40 through 41, inclusive, the words “18 years of age or older” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 78.  Section 10E of chapter 269 of the General Laws, as so appearing, is hereby further amended by striking out, in line 42, the number “18” and inserting in place thereof the words:- the age of criminal majority

SECTION 79. Section 10F of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 and 28, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 80. Section 10F of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 32, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 81. Section 10F of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 50, the words “17 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 82. Section 10G of chapter 269 of the General Laws, as so appearing, is hereby amended by striking out, in line 34, the words “18 years of age or over” and inserting in place thereof the following words:- who has attained the age of criminal majority

SECTION 83. Section 87 of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 84. Section 87 of  chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in lines 14 and 15, inclusive, the words “was eighteen years of age or older” and inserting in place thereof the words:- had attained the age of criminal majority

SECTION 85. Section 89A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the number “18” and inserting in place thereof the following words:- criminal majority

SECTION 86. Section 89B of chapter 276 of the General Laws, as added by section 183 of chapter 69 of the  Acts of 2018, is hereby amended by striking out the words “are 18 to 24” and inserting in place thereof the following words:- attained the age of criminal majority and are under 25

SECTION 87. Section 100D of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the number “17” and inserting in place thereof the following words:- criminal majority

SECTION 88. Section 6B of chapter 280 of the General Laws, as so appearing, is hereby amended by striking out, in the first paragraph, as amended by section 209 of chapter 69 of the Acts of 2018, the words “18 years” and inserting in place thereof the following words:- criminal majority

SECTION 89. Sections 1, 30, 46 are hereby repealed.

SECTION 90. Section 89 shall take effect on July 1, 2022.

SECTION 91. Sections 2, 31, and 47 shall take effect on July 1, 2022.

SECTION 92. Sections 18 and 22, shall take effect on July 1, 2022.

SECTION 93. Section 91 is hereby repealed.

SECTION 94. Section 93 shall take effect on July 1, 2024.

SECTION 95. Sections 3, 19, 23, 32, and 48 shall take effect on July 1, 2024.