SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2864

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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by inserting after section 2C the following 2 sections:-

“SECTION A3. Section 7 of chapter 4 of the General Laws, so appearing, is hereby amended by striking out the sixtieth clause as amended by Section 1 of Chapter 69 of the Acts of 2020, and inserting in place thereof the following clause:- Sixtieth, “Age of criminal majority” shall mean the age of 19.

SECTION B3. Section 167 of chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in all instances, the number “18” and inserting in place thereof the following word:- criminal majority.; and

by inserting after section 87 the following 2 sections:-

“SECTION 87A. Section 20 of chapter 31 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 10 the words “18 years” and inserting in place thereof the following words:- criminal majority.

SECTION 87B. Section 24 of chapter 37 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 14 the number “18” and inserting in place thereof the following words:- criminal majority.”; and

by inserting after section 98 the following section:-

“SECTION 98A. Section 98F of chapter 41 of the General Laws, as amended by section 26 of chapter 69 of the acts of 2020, is hereby amended by striking out, in clause (iv) of the last sentence, the words “18 years of age” and inserting in place thereof the following words:- the age of criminal majority.”; and

by inserting after section 133 the following 5 sections:-

“SECTION 133A. Section 32H of chapter 94C, so appearing, is hereby amended by striking out in the second paragraph, as amended by section 21 of chapter 72 of the Acts of 2020, 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 133B. Section 32H of chapter 94C of the General Laws, so appearing, is hereby amended by striking out in the second paragraph, as amended by section 21 of chapter 72 of the Acts of 2020, the number “18” and inserting in place thereof the words:- “the age of criminal majority”

SECTION 133C. Section 32M of chapter 94C of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 1 the word “eighteen” and inserting in place thereof the following words:- “criminal majority”

SECTION 133D. Section 32M of chapter 94C of the General Law, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 6 the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 133E. Section 36 of chapter 94C of the General Law, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 6 the words “their eighteenth birthday” and inserting in place thereof the following words:-the age of criminal majority.”; and

by inserting after section 135 the following 39 sections:-

“SECTION 135A. 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 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 135B. 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 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 135C. 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 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 135D. 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 2020, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 135E. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words in lines 8 to 12, inclusive “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 135F. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135G. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “nineteenth birthday”, in lines 29 to 30, inclusive, 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.

SECTION 135H.  Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135I.  Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 they reach the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday”

SECTION 135J.  Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135K.  Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 they reach the age of twenty-three in the case of a child whose offense occurred on or after the child’s eighteenth birthday”

SECTION 135L.  Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “eighteenth”, in line 79, and inserting in place thereof the following words:- “twenty-first”

SECTION 135M. Said section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out the words “the Massachusetts Correctional Institution, Cedar Junction, prior to his eighteenth birthday”, in lines 78 to 79, 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 135N. Section 58 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 the following words:- “until such child attains their nineteenth birthday or their twentieth birthday in the case of a child whose case is disposed of after they have attained their nineteenth birthday”

SECTION 135O. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135P. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135Q. Section 60A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 22 the number, “were age 18 or older” where it so appears and inserting in place thereof the following number:- “attained the age of criminal majority”

SECTION 135R. Section 63A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135S. Section 63A of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 2 the number “18” and inserting in place thereof the following number:- “criminal majority”

SECTION 135T. Section 65 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135U. Section 66 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135V. 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 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 135W.  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 2020, the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 135X. 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 2020, the words “18 years of age” and inserting in place thereof the following words:-  “the age of criminal majority”

SECTION 135Y. 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 2020, the words “18 years of age” and inserting in place thereof the following words:-  “the age of criminal majority”

SECTION 135Z. Section 70 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135AA. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition,  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 135BB. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 9 the word “ twentieth” and inserting in place thereof the following words:-“twenty-first”

SECTION 135CC. Section 72 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 they have not attained the age of criminal majority and all provisions and rights applicable to a child under 18 shall apply to such child.”

SECTION 135DD.  Subsection (b) of section 72 of chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “their eighteenth birthday”, in line 18, and inserting in place thereof the following words:-the age of criminal majority

SECTION 135EE. Section 72A of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 their subsequent birthday”

SECTION 135FF. Section 72B of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition, 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 135GG. Section 74 of said chapter 119 of the General Laws, as appearing in the 2020 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 135HH. Section 74 of said chapter 119 of the General Laws, as appearing in the 2020 Official Edition,  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 135II. Section 84 of said chapter 119, 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 2020, 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 135JJ. 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 2020, the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 135KK. Section 15 of chapter 120 of the General Laws, as appearing in the 2020 Official Edition, 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 135LL. Section 21 of chapter 120 of the General Laws, as appearing in the 2020 Official Edition, 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 135MM. Said section 21 of said chapter 120 of the General Laws, as appearing in the 2020 Official Edition, 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.”; and

by inserting after section 153 the following 25 sections:-

“SECTION 153A. 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 2020, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 154A. Section 13 of chapter 250 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 154B. Section 2 of chapter 258E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 7 the number “18” and inserting in place thereof the following words:-“criminal majority”

SECTION 154C. Section 15A of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, 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 154D.  Section 15A of said chapter 265 of the General Laws, as appearing in the 2020 Official Edition, 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 responsibility”

SECTION 154E. Section 15B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, 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 154F. Section 18 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, 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 154G. Section 18B of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, 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 154H. Section 19 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, 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 154I. Section 43 of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, 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 154J. Section 59 of chapter 265 of the General Laws, as added by section 132 of chapter 69 of the Acts of 2020, is hereby amended by striking out the number “18” and inserting in place thereof the following words:-“criminal majority”

SECTION 154K. Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, 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 154L.  Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by striking in line 55 the number “18” and inserting in place thereof the words:- “the age of criminal majority”

SECTION 154M.  Section 10 of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, 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 154N. Section 10E of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, 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 154O.  Section 10E of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, 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 154P. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, 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 154Q. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 32 the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 154R. Section 10F of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, 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 154S. Section 10G of chapter 269 of the General Laws, as appearing in the 2020 Official Edition, 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 154T. Section 87 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 7 the number “18” and inserting in place thereof the following words:-“criminal majority”

SECTION 154U. Said section 87 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, 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 154V. Section 89A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 3 the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 154W. Section 89B of chapter 276 of the General Laws, as added by section 183 of chapter 69 of the Acts of 2020, 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 154X. Section 100D of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out in line 8 the number “17” and inserting in place thereof the following words:- “criminal majority”

SECTION 154Y. 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 2020, the words “18 years” and inserting in place thereof the following words:- criminal majority.”; and

by inserting after section 166 the following section:-

“SECTION 166A. No later than one year after the effective date of this act, the department of youth services shall file a report with the Clerks of the Senate and House Representatives and the Senate and House Committees on Ways and Means detailing the impact of integrating eighteen year olds into the care and custody of the department of youth services; including but not limited to (1) the number of eighteen year olds in department of youth services custody and (2) the offenses committed.”; and

by inserting after section 172 the following section:-

“SECTION 172A. SECTIONS A3 and B3, 87A and 87B, 98A, 133A to 133E, inclusive, 135A to 135MM, inclusive, 153A and 154A to 154Y, inclusive, shall take effect 1 year after the effective date of this act.”.