HOUSE DOCKET, NO. 3959        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4158

The Commonwealth of Massachusetts

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PRESENTED BY:

David M. Rogers

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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 expanding opportunities for individuals in the criminal offender record information system.

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PETITION OF:

HOUSE DOCKET, NO. 3959        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4158

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act expanding opportunities for individuals in the criminal offender record information system.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Clause (3) of the second sentence of subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- Criminal offender record information made available under this section shall be limited to the following: (i) felony convictions or findings of not guilty by reason of insanity for 10 years following the disposition thereof, including termination of any period of incarceration or custody, (ii) misdemeanor convictions for 5 years following the disposition thereof, including termination of any period of incarceration or custody, and (iii) pending criminal charges, which shall include cases that have been continued without a finding until such time as the case is dismissed pursuant to section 18 of chapter 278 except cases for individuals with no prior criminal record that have been continued without a finding until such time as the case is dismissed pursuant to said section 18 of said chapter 278 unless the case is delineated in section 100J of chapter 276; and provided further, that a violation of section 7 of chapter 209A and a violation of section 9 of chapter 258E shall be treated as a felony for purposes of this section. For purposes of this clause, “pending criminal charges” shall mean charges pending in a Massachusetts court where a disposition has not yet been entered, except a pending misdemeanor criminal charge for an individual with no existing prior criminal record and a pending charge that is not delineated in section 100J of chapter 276.