Amendment ID: S2417-1-R2

2nd Redraft Amendment 1

Removal of certain sections

Mr. Brownsberger moves to amend the bill in section 9, by striking out proposed section 87 of chapter 119; and

by striking out section 10; and

in section 12, by striking out, in line 102,  the words “be compelled to”; and

in said section 12, by striking out, in line 107, the words “and decision making”; and

by striking out section 13 and inserting in place thereof the following section:-

“SECTION 13. Section 53 of chapter 272 of the General Laws, as so appearing, is hereby amended by inserting after the figure “$150”, in line 10, the following words:- “; provided, however, notwithstanding any general or special law to the contrary, no person who violates this subsection shall have a finding of delinquency entered against that person for a first offense”; and

in section 14, by striking out subsection (b) of proposed section 100E, and inserting in place thereof the following subsection:-

(b) Notwithstanding section 100A or any other general or special law to the contrary, a person of any age who has a record of juvenile or criminal court appearances and dispositions on file with the office of the commissioner of probation may have misdemeanor convictions or adjudications expunged from that person’s criminal and court records if the offense was committed before the person turned 18 years of age and upon the filing of a petition with a judge in the court in which the appearance or disposition occurred. The form of the petition shall be furnished by the commissioner of probation. Before a petition is filed, the person shall have: (i) completed a sentence or disposition imposed by the court or, where applicable, a period of commitment or probation imposed pursuant to section 58 of chapter 119; (ii) not been adjudicated delinquent or found guilty of any new criminal offense in the commonwealth before the completion of that person’s juvenile sentence; and (iii) not been adjudicated delinquent or found guilty of any new criminal offense in the commonwealth since the completion of a sentence or disposition imposed by the court or, where applicable, a period of commitment or probation imposed pursuant to said section 58 of said chapter 119.  The court may, in the discretion of the court, upon motion of that person, expunge the appearance or disposition recorded for a misdemeanor conviction or adjudication if the offense was committed before the person turned 18 years of age.

For any petition granted by the court under this section, the clerks and probation officers of the courts in which the proceedings occurred or were initiated shall expunge the records of the proceedings in their files.

The court shall, at the time of imposing any sentence, disposition or period of commitment or probation pursuant to said section 58 of said chapter 119, inform, in writing, all eligible individuals of their right to seek expungement under this section.”; and by adding the following section:-

“SECTION 17.  The trial court departments, including the juvenile court department, shall assess the feasibility and utility of and make recommendations concerning the creation of youth status as a distinct mitigating factor in any proceeding against a juvenile.

As part of the assessment, the courts shall consider:

(i)  the procedure for obtaining a finding of youth status in a given proceeding, including the type, if any, of presumption that should be made with respect to  youth status as a distinct mitigating factor in any proceeding against a juvenile and the burden required to overcome any such presumption;

(ii) the issues that a finding of youth status should mitigate including, but not limited to, intent, knowledge, premeditation and purpose or the reasonableness of a juvenile’s belief that the juvenile faced an imminent threat of death or serious bodily injury or the reasonableness of the juvenile’s perception of the amount of force that was necessary to combat the perceived threat; and

(iii) the sentencing modification that should attach in proceedings where youth status has been found to be a mitigating factor.

The trial court departments shall collaborate to prepare a report which shall include their findings and recommendations and drafts of legislation necessary to implement those recommendations.  The report shall be submitted to the clerks of the senate and house of representatives not later than August 1, 2017 and the clerks shall forward the report to the house and senate chairs of the joint committee on the judiciary.”