Amendment ID: S2800-17

Amendment 17

Better Outcomes for Young Adults

Ms. Creem, Mr. Eldridge and Ms. Moran move to amend the bill by inserting in place at the end thereof the following Section:-

Section XX.  SECTION 1. 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 2018, and inserting in place thereof the following clause:- Sixtieth, “Age of criminal majority” shall mean the age of “19.”

SECTION 2. Said clause of said section 7 of said chapter 4 is further amended by striking out the number “19,” inserting in place thereof the following number:- “20”

SECTION 3. Said clause of said section 7 of said chapter 4 is further amended by striking out the number “20,” and inserting in place thereof the following number:- “21”

SECTION 4. Section 167 of chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out,  in all instances, the number “18” and inserting in place thereof the following word:- “criminal majority”

SECTION 5. Section 20 of chapter 31 of the General Laws, as appearing in the 2016 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 6. Section 24 of chapter 37 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out in line 14 the number “18” and inserting in place thereof the following words:- “criminal majority.”

SECTION 7. Section 98F of chapter 41 of the General Laws, as amended by section 26 of chapter 69 of the acts of 2018, 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.

SECTION 8. 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 2018, 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 9. 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 2018, the number “18” and inserting in place thereof the words:- “the age of criminal majority”

SECTION 10. Section 32M of chapter 94C of the General Laws, as appearing in the 2016 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 11. Section 32M of chapter 94C of the General Law, as appearing in the 2016 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 12. Section 36 of chapter 94C of the General Law, as appearing in the 2016 Official Edition, is hereby amended by striking out in line 6 the words “his eighteenth birthday” and inserting in place thereof the following words:-“the age of criminal majority”

SECTION 13. 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 2018, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 14. 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 2018, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 15. 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 2018, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 16. 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 2018, the number “18” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 17. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 18. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the words “after he attains his twentieth birthday”, in line 12, the following words:-  “or age 22 in the case of a child whose case is disposed of after the child attains the child’s twenty-first birthday”

SECTION 19. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby further amended by inserting after the words “his twenty first birthday”, in line 12, the following words:- “or age 23 in the case of a child whose case is disposed of after the child attains the child’s twenty-second birthday”

SECTION 20. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 21. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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, or twenty in the case of a child whose case is disposed of after he has attained his nineteenth birthday, or twenty-one in the case of a child whose case is disposed after he has attained his twentieth birthday.”

SECTION 22. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition,, is hereby amended by inserting after the words “ twentieth birthday” the following words:-  “or twenty-two in the case of a child whose case is disposed of after he has attained his twenty-first birthday.”

SECTION 23. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the words “twenty-first birthday”, the following words:- “or twenty-two in the case of a child whose case is disposed of after he has attained his twenty-first birthday, or twenty three in the case of a child whose case is disposed of after he has attained his twenty-second birthday.”

SECTION 24.  Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 25.  Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 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 26.  Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 27.  Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 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 28.  Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 29. Said  section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 30. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 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 his nineteenth birthday or his twentieth birthday in the case of a child whose case is disposed of after he has attained his nineteenth birthday”

SECTION 31. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the words “ until such child attains his nineteenth birthday or his twentieth birthday in the case of a child whose case is disposed of after he has attained his nineteenth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains his twentieth birthday or his twenty first birthday in the case of a child whose case is disposed of after he has attained his twentieth birthday”

SECTION 32. Section 58 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby further amended by striking out the words“ until such child attains his twentieth birthday or his twenty first birthday in the case of a child whose case is disposed of after he has attained his twentieth birthday”, in lines 97 to 99, inclusive, and inserting the following words:- “until such child attains his twenty first or his twenty second birthday in the case of a child whose case is disposed of after he has attained his twenty first birthday”

SECTION 33. Section 60A of chapter 119 of the General Laws, as appearing in the 2016 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 34. Section 60A of chapter 119 of the General Laws, as appearing in the 2016 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 35. Section 60A of chapter 119 of the General Laws, as appearing in the 2016 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 36. Section 63A of chapter 119 of the General Laws, as appearing in the 2016 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 37. Section 63A of chapter 119 of the General Laws, as appearing in the 2016 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 38. Section 65 of chapter 119 of the General Laws, as appearing in the 2016 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 39. Section 66 of chapter 119 of the General Laws, as appearing in the 2016 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 40. 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 2018, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 41.  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 2018, the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 42. 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 2018, the words “18 years of age” and inserting in place thereof the following words:-  “the age of criminal majority”

SECTION 43. 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 2018, the words “18 years of age” and inserting in place thereof the following words:-  “the age of criminal majority”

SECTION 44. Section 70 of said chapter 119 of the General Laws, as appearing in the 2016 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 45. Section 72 of said chapter 119 of the General Laws, as appearing in the 2016 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 46. Section 72 of said chapter 119 of the General Laws,as appearing in the 2016 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 47. Section 72 of said chapter 119 of the General Laws, as appearing in the 2016 Official Edition,  is hereby amended in by striking out the word “twenty first” in line 9 and inserting in place thereof the following words:- “twenty second”

SECTION 48. Section 72 of said chapter 119 of the General Laws, as appearing in the 2016 Official Edition,is hereby amended by striking out the word “twenty second” and inserting in place thereof the following words:- “twenty third”

SECTION 49. Section 72 of said chapter 119 of the General Laws, as appearing in the 2016 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 he has not attained the age of criminal majority and all provisions and rights applicable to a child under 18 shall apply to such child.”

SECTION 50.  Subsection (b) of section 72 of chapter 119 of the General Laws, as appearing in the 2016 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 51.  Section 72 of said chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out in the word “twenty-first”, in line 25, and inserting in place thereof the following words:- “twenty-third”

SECTION 52. Section 72A of said chapter 119 of the General Laws, as appearing in the 2016 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 his subsequent birthday”

SECTION 53. Section 72B of said chapter 119 of the General Laws, as appearing in the 2016 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 54. Section 74 of said chapter 119 of the General Laws, as appearing in the 2016 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 55. Section 74 of said chapter 119 of the General Laws, as appearing in the 2016 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 56. 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 2018, 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 57. Section 86 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 2018, the number “21” and inserting in place thereof the following number:- “23”

SECTION 58. 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 2018, the number “18” and inserting in place thereof the following words:- “criminal majority”

SECTION 59. 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 2018, the number “22” and inserting in place thereof the following number:- “23”

SECTION 60. Section 15 of chapter 120 of the General Laws, as appearing in the 2016 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 61 . Section 21 of chapter 120 of the General Laws, as appearing in the 2016 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 62. Said section 21 of said chapter 120 of the General Laws, as appearing in the 2016 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”

SECTION 63. 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 2018, the words “18 years of age” and inserting in place thereof the following words:- “the age of criminal majority”

SECTION 64. Section 13 of chapter 250 of the General Laws, as appearing in the 2016 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 65. Section 2 of chapter 258E of the General Laws, as appearing in the 2016 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 66. Section 15A of chapter 265 of the General Laws, as appearing in the 2016 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 67.  Section 15A of said chapter 265 of the General Laws, as appearing in the 2016 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 68. Section 15B of chapter 265 of the General Laws, as appearing in the 2016 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 69. Section 18 of chapter 265 of the General Laws, as appearing in the 2016 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 70. Section 18B of chapter 265 of the General Laws, as appearing in the 2016 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 71. Section 19 of chapter 265 of the General Laws, as appearing in the 2016 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 72. Section 43 of chapter 265 of the General Laws, as appearing in the 2016 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 73. Section 59 of chapter 265 of the General Laws, as added by section 132 of chapter 69 of the Acts of 2018, is hereby amended by striking out the number “18” and inserting in place thereof the following words:-“criminal majority”

SECTION 74. Section 10 of chapter 269 of the General Laws, as appearing in the 2016 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 75.  Section 10 of chapter 269 of the General Laws, as appearing in the 2016 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 76.  Section 10 of chapter 269 of the General Laws, as appearing in the 2016 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 77. Section 10E of chapter 269 of the General Laws, as appearing in the 2016 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 78.  Section 10E of chapter 269 of the General Laws, as appearing in the 2016 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 79. Section 10F of chapter 269 of the General Laws, as appearing in the 2016 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 80. Section 10F of chapter 269 of the General Laws, as appearing in the 2016 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 81. Section 10F of chapter 269 of the General Laws, as appearing in the 2016 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 82. Section 10G of chapter 269 of the General Laws, as appearing in the 2016 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 83. Section 87 of chapter 276 of the General Laws, as appearing in the 2016 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 84. Said section 87 of  chapter 276 of the General Laws, as appearing in the 2016 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 85. Section 89A of chapter 276 of the General Laws, as appearing in the 2016 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 86. Section 89B of chapter 276 of the General Laws, as added by section 183 of chapter 69 of the  Acts of 2018, 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 87. Section 100D of chapter 276 of the General Laws, as appearing in the 2016 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 88. 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 2018, the words “18 years” and inserting in place thereof the following words:- “criminal majority”

SECTION 89. Sections 1, 30, 46 are hereby repealed.

SECTION 90. Section 89 shall take effect on July 1, 2022.

SECTION 91. Sections 2, 31, and 47 shall take effect on July 1, 2022.

SECTION 92. Sections 18 and 22, shall take effect on July 1, 2022.

SECTION 93. Section 91 is hereby repealed.

SECTION 94. Section 93 shall take effect on July 1, 2024.

SECTION 95. Sections 3, 19, 23, 32, and 48 shall take effect on July 1, 2024.