Bill H.4238

HOUSE DOCKET, NO. 4575 FILED ON: 10/30/2019

HOUSE . . . . . . . . . . . . . . . No. 4238

By Representatives Day of Stoneham and Harrington of Groton, a petition (subject to Joint Rule 12) of Michael S. Day and Sheila C. Harrington relative to the information technology systems and capacities of the judiciary. The Judiciary.

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 improve and modernize the information technology systems and capacities of the judiciary.

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. To provide for a program to improve and modernize the information technology infrastructure of the supreme judicial court, appeals court, and trial court of the commonwealth, the sums set forth in this act, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds, which sums shall be in addition to any other amounts previously made available for these purposes; provided, however, that the amounts specified for a particular project may be adjusted to facilitate projects authorized in this act.

SECTION 2.

JUDICIARY.

0330-XXXX For costs associated with establishing digital courthouses and courtrooms; provided that, projects funded from this item include an access to justice portal to enable electronic file storage and electronic access to case information by court users via an access to justice portal; provided further, that projects funded from this item include a remote video interpreting system; provided further, that projects funded from this item include a content management system to manage electronically filed documents, forms, and evidence with a workflow engine to manage court operations and enable system wide real time docketing and real time data access; provided further, that projects funded from this item include wireless internet access in courthouses for court staff and court users; provided further, that projects funded from this item include digital signage in all courthouses; provided further, that projects funded from this item include the costs associated with planning for the replacement of a case management system for the trial court; provided further, that projects funded from this item include replacement of the appellate court case management system; provided further, that projects funded from this item include a supreme judicial court digital reporting system that permits self-publishing for the supreme judicial court and appeals court; provided further, that projects from this item are funded in consultation, as applicable, with the secretary of technology services and security …………………..…$94,000,000

SECTION 3.

0330-XXXX For costs associated with establishing a modern and secure judiciary; provided that, projects funded from this item include costs associated with establishing digital security systems to protect court systems, networks and data; provided further, that projects funded from this item include court system wide replacement of physical security hardware that includes video surveillance systems, duress systems, security scanning systems, and inter-personnel communications equipment; provided further, that projects funded from this item centralized law enforcement communication systems system; provided further, that projects from this item are funded in consultation, as applicable, with the secretary of technology services and security …………………………………………..$35,000,000

SECTION 4.

0330-XXXX For costs associated with the technological modernization of court administrative operations; provided that, projects funded from this item include a court system wide voice over internet protocol phone systems; provided further, that projects funded from this item include an energy management systems; provided further that, projects funded from this item include a data storage system of sufficient capacity to meet the needs of the court system; provided further, that projects funded from this item include costs associated with enterprise resource planning; provided further, that projects funded from this item include costs associated with establishing a virtual private network to enable court employee remote access to court systems and data; and provided further, that projects funded from this item include costs associated with increased bandwidth capacity in all court locations to accommodate a digital court system; provided further, that projects from this item are funded in consultation, as applicable, with the secretary of technology services and security ……..….$35,000,000

SECTION 5. To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of $94,000,000. All bonds issued by the commonwealth, under this section, shall be designated on their face, Judiciary Information Technology and Innovation Act of 2019, and shall be issued for such maximum terms of years not exceeding 5 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2024. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest thereon issued under the authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.

SECTION 6. To meet the expenditures necessary in carrying out section 3, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of $35,000,000. All bonds issued by the commonwealth, under this section, shall be designated on their face, Judiciary Information Technology and Innovation Act of 2019, and shall be issued for such maximum terms of years not exceeding 5 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2024. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest thereon issued under the authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.

SECTION 7. To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of $35,000,000. All bonds issued by the commonwealth, under this section, shall be designated on their face, Judiciary Information Technology and Innovation Act of 2019, and shall be issued for such maximum terms of years not exceeding 5 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2024. All interest and payments on account of principal of these obligations shall be payable from the General Fund unless otherwise specified. Bonds and interest thereon issued under the authority of this section, notwithstanding any other provision of this act, shall be general obligations of the commonwealth.

SECTION 8. Section 9B of chapter 4 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after first sentence the following sentence: -

“Electronically imprinting the established seal of a court in a form authorized by the Supreme Judicial Court, the Trial Court, or any department of the Trial Court, shall be taken and held to be the seal of such court.”

SECTION 9. Section 7 of chapter 185 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “court” in line 7, the following words:-, or electronically maintained by the recorder’s office.

SECTION 10. Section 9 of chapter 185 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 9 and inserting in place thereof the following section:-

Section 9. An authorized facsimile or electronic rendering of the recorder’s signature on any court records, orders, decisions, documents, legal papers, or copies thereof, or upon any writ, summons, order of notice, order of attachment, or execution, shall have the same validity as a written signature of the recorder.

SECTION 11. Section 6 of chapter 185C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “affixed”, in lines 2-3, the words:- , or electronically imprinted,

SECTION 12. Section 14 of chapter 185C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the phrase “papers” in line 5, the following words:-, whether in physical or electronic form,

SECTION 13. Section 14 of chapter 185C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “thereof”, in line 17, the following words:-, whether in physical or electronic form,

SECTION 14. Section 14 of chapter 185C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “facsimile” in line 20, the following words:-, or electronic rendering

SECTION 15. Section 14 of chapter 185C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by deleting after the word “such”, in line 20 the following word:-, facsimile

SECTION 16. Section 22 of chapter 185C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “docket”, in line 3, the words:- , including the electronic docket.

SECTION 17. Section 3A-(a) of chapter 212 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “signed”, in line 4, the words:- by hand, or by electronic means

SECTION 18. Section 26 of chapter 212 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “courts” in line 1, the following words:-, including electronic records,

SECTION 19. Section 26 of chapter 212 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “custody” in line 2, the following words:-, whether in physical or electronic form,

SECTION 20. Section 26 of chapter 212 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “seal”, in line 8, the words:- , which may be electronically imprinted,

SECTION 21. Section 36 of chapter 215 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “books”, in line 6, the words:- or electronically

SECTION 22. Section 36 of chapter 215 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out in line 6, the words “kept therefor”.

SECTION 23. Section 36 of chapter 215 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “process”, in line 16, the words:- or electronically

SECTION 24. Section 53 of chapter 215 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “documents”, in line 4, the words:- , whether in physical or electronic form,

SECTION 25. Section 15 of chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “papers”, in line 2, the words:- , whether in physical or electronic form,

SECTION 26. Section 26 of chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “signing”, in line 1, the words:- or electronic rendering

SECTION 27. Section 2A of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “papers” in line 6, the following words:-, whether in physical or electronic form,

SECTION 28. Section 12 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the phrase “papers” in line 10, the following words:-, whether in physical or electronic form,

SECTION 29. Section 13 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “kept” in line 3, the following words:-, in the Trial Court electronic document management system, or

SECTION 30. Section 14 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “facsimile” in line 7, the following words:-, or electronic rendering

SECTION 31. Section 14 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “facsimile” in line 8, the following words:-, or electronic

SECTION 32. Section 14 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “facsimile” in line 12, the following words:-, or electronic rendering

SECTION 33. Section 14 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “facsimile” in line 13, the following words:-, or electronic

SECTION 34. Section 44 of chapter 218 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “signed”, in line 2, the words:- by hand or electronically

SECTION 35. Section 14 of chapter 221 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “papers” in line 4, the following words:-, whether in physical or electronic form,

SECTION 36. Section 17 of chapter 221 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the word “A”, in line 1, and inserting the following words:- An authorized electronic rendering or a

SECTION 37. Section 20 of chapter 223 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “signed”, in line 2, the words:- by hand, or by electronic means,

SECTION 38. Section 6 of chapter 248 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “signed”, in line 2, the words:- by hand or electronically.

SECTION 39. Chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 22 and inserting in place thereof the following section:-

Section 22. Upon complaint made to any justice that a crime has been committed, he shall examine on oath the complainant and any witnesses produced by him or he shall examine the complainant’s allegations if made under the pains and penalties of perjury, reduce the complaint to writing, and cause it to be subscribed by the complainant in person or electronically, and, if it appears that a crime has been committed, shall issue a summons or warrant in compliance with the provisions of the Massachusetts Rules of Criminal Procedure.

SECTION 40. Notwithstanding any law to the contrary, for cases that are electronically filed in any state court in the Commonwealth, any statutory requirement of a written signature on a document to be filed, or any statutory requirement of a written signature in communications between the court and a party, is satisfied if the document includes a signature in a form authorized by the Supreme Judicial Court, the Trial Court, or any department of the Trial Court.

SECTION 41. Sections 8-40 shall take effect 90 days after the effective date of this act.

Name:	District/Address:	Date Added:
Michael S. Day	31st Middlesex	10/28/2019
Sheila C. Harrington	1st Middlesex	11/8/2019