Amendment #204 to H3400

Sex Offender Declassification Correction

Representatives Jones of North Reading, Hill of Ipswich, Poirier of North Attleborough, Gifford of Wareham, Frost of Auburn and Smola of Warren move to amend the bill by adding at the end thereof, the following new sections:

"SECTION XX. Chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking in section 178M, in lines 9 through 12, inclusive, the following:— “The court shall keep proceedings conducted pursuant to this paragraph and records from such proceedings confidential and such proceedings and records shall be impounded, but the filing of an action under this section shall not stay the effect of the board’s final classification” and inserting in place thereof the following: — The filing of an action under this section shall not stay the effect of the board’s final classification. The board’s final classification shall remain in effect and the offender shall be required to register as required by the board’s final classification throughout judicial review.

SECTION XX. Section 14 of chapter 30A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking, in lines 36 to 39, inclusive, paragraph (3) in its entirety, and inserting in place thereof, the following:—

The commencement of an action shall not operate as a stay of enforcement of the agency decision. The agency may stay enforcement, and the reviewing court may order a stay upon such term as it considers proper; provided that the sex offender registry board shall not stay its final classification and the reviewing court shall not order a stay of the sex offender registry board’s final classification for any action commenced pursuant to section 178M of chapter 6.".

Additional co-sponsor(s) added to Amendment #204, as changed to H3400

Sex Offender Declassification Correction