SENATE DOCKET, NO. 866        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 910

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Viriato M. deMacedo

_________________

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 relative to transparency in court proceedings.

_______________

PETITION OF:

 

Name:

District/Address:

 

Viriato M. deMacedo

Plymouth and Barnstable

 

Julian Cyr

Cape and Islands

 

Bruce E. Tarr

First Essex and Middlesex

1/22/2019

Donald F. Humason, Jr.

Second Hampden and Hampshire

1/31/2019

Nick Collins

First Suffolk

9/9/2019


SENATE DOCKET, NO. 866        FILED ON: 1/16/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 910

By Mr. deMacedo, a petition (accompanied by bill, Senate, No. 910) of Viriato M. deMacedo, Julian Cyr, Bruce E. Tarr and Donald F. Humason, Jr. for legislation relative to transparency in court proceedings.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to transparency in court proceedings.

 

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 35A of Chapter 218 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting at the end thereof the following paragraph:-

"All hearings held pursuant to this section, and all records associated with such hearings, shall be presumed to be open to the public, unless the court or said officers referred to above make a written finding, for good cause shown and in accordance with applicable statutes and precedents, that the defendant’s interest in privacy outweighs the public’s right of access. Any such finding shall be made only after a hearing on the record, in which the court may, in its discretion, permit an interested nonparty who files a notice of appearance limited to participation in the proceeding to be heard. Any such finding shall state with specificity the reason for closing the hearing and shall be narrowly tailored so as not to exceed the stated reason. All hearings held pursuant to this section shall be recorded."