Budget Amendment ID: FY2024-S3-855
JUD 855
Court-Appointed Special Advocates
Messrs. Moore and Finegold and Ms. Kennedy moved that the proposed new text be amended in section 2, in item 0337-0002, by adding the following words:- “; provided, that not less than $430,000 shall be expended for the Worcester County court-appointed special advocates program; provided further, that not less than $180,000 shall be expended for the Franklin and Hampshire County court-appointed special advocates program; provided further, that not less than $205,000 shall be expended for the Hampden County court-appointed special advocates program; provided further, that not less than $220,000 shall be expended for the Essex County court-appointed special advocates program; provided further, that not less than $403,000 shall be expended for the Boston court-appointed special advocates program; provided further, that not less than $125,000 shall be expended for the Berkshire County court-appointed special advocates program; provided further, that not less than $125,000 shall be expended for the Bristol County court-appointed special advocates program; and provided further, that not less than 200,000 shall be expended for the Massachusetts CASA Association”; and by striking out the figure “$23,547,168” and inserting in place thereof the following figure:- “$25,435,168”.
Budget Amendment ID: FY2024-S3-855-R1
Redraft JUD 855
Court-Appointed Special Advocates
Messrs. Moore and Finegold, Ms. Kennedy and Ms. Miranda moved that the proposed new text be amended in section 2, in item 0337-0002, by adding the following words:- “; provided further, that not less than $430,000 shall be expended for the Worcester County court-appointed special advocates program for its court-appointed special advocates program in Worcester county; provided further, that not less than $136,000 shall be expended for the Franklin and Hampshire County court-appointed special advocates program; provided further, that not less than $180,000 shall be expended for the Hampden county court-appointed special advocates program; provided further, that not less than $167,000 shall be expended for the Essex county court-appointed special advocates program; provided further, that not less than $288,000 shall be expended for the Boston court-appointed special advocates program; provided further, that not less than $100,000 shall be expended for the Berkshire county court-appointed special advocates program; provided further, that not less than $125,000 shall be expended for the Bristol County court-appointed special advocates program; provided further, that not less than $100,000 shall be expended to Massachusetts CASA Association, Inc.”; and
by striking out the figure “$23,547,168” and inserting in place thereof the following figure:- “$25,073,168”.
Budget Amendment ID: FY2024-S3-860
JUD 860
Drug Induced Homicide
Messrs. O'Connor, Tarr and Fattman moved that the proposed new text be amended by inserting the following sections:-
SECTION XX. Any person while in the course of trafficking or unlawfully distributing a Class A controlled substance, as defined in Section 31 of Chapter 94C, who knowingly or intentionally manufactures, distributes, dispenses, delivers, or provides any amount of a Class A controlled substance or counterfeit substance which results in death shall be punished for a term up to life in prison.
SECTION XX. Any person who, in good faith, without malice and in the absence of evidence of an intent to defraud seeks medical assistance for someone experiencing a Class A controlled substance overdose as defined in Section 34A of Chapter 94C shall not be charged or prosecuted for a violation of the previous section.
SECTION XX.
(A) Notwithstanding any general or special law to the contrary, there is hereby established a permanent commission to oversee the effectiveness of drug induced homicide laws and review every drug induced homicide conviction in the Commonwealth of Massachusetts. The commission shall investigate and collect data to ensure there is no prejudice in charging or sentencing individuals who violate drug induced homicide laws, that prosecutors are providing treatment first options for individuals suffering from substance use disorder, and that sentencing is based on the judge’s discretion on a case-by-case basis and that there is no minimum mandatory sentence for drug induced homicide.
(B) The commission shall consist of the secretary of public safety or a designee; the Chief Justice of the Trial court or a designee; the President of the Massachusetts District Attorney’s Association of a designee; the President of the Massachusetts Bar Association or a designee; the Colonel of the Massachusetts State Police or a designee; the President of the Massachusetts Police Chiefs Association of a designee; 1 member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the senate appointed by the senate president; 1 member of the house of representatives appointed by the minority leader of the house of representatives; 1 member of the senate appointed by the senate minority leader; 1 member appointed by the Attorney General; and 3 members appointed by the governor, 1 of whom shall be a whom shall be an individual with expertise in substance use and recovery, 1 of whom shall be an individual with expertise in racial justice, and 1 of whom shall be an individual with expertise in law enforcement.
(C) The commission shall be established no less than 90 days after passage of this act. The Commission shall convene every 120 days and present a report and recommendations for charges to improve drug induced homicide law with the governor, attorney general, the clerks of the house and senate, the house and senate chairs of the joint committee on judiciary, and the Massachusetts District Attorney’s Association no later than 365 days following the passage of this act.
(D) Annually, The Commission shall, not later than June 30, reassess and report on drug induced homicide laws and any policy recommendations to the governor, attorney general, the clerks of the house and senate, the joint committee on judiciary, and the Massachusetts District Attorney’s Association.
(E) Appointed members shall serve terms of 2 years and until their successors are appointed, or the member is reappointed by their appointing or nominating authority. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.
Budget Amendment ID: FY2024-S3-862
JUD 862
GPS Tampering
Messrs. O'Connor and Tarr moved that the proposed new text be amended by inserting the following section:-
"SECTION XX. Chapter 209A is hereby further amended in section 7 by inserting after the word “system” at the end of the eighth paragraph the following new paragraph:-
'The removal or destroying of said global positioning satellite tracking device without judicial approval or without a showing of necessity to prevent greater harm shall constitute a felony with a mandatory minimum sentence of 2 years in a state prison.'."
Budget Amendment ID: FY2024-S3-864
JUD 864
MOVA Safeplan
Ms. Lovely, Messrs. Tarr, Crighton, Eldridge and Oliveira, Ms. Gobi, Mr. Cronin, Ms. Miranda, Ms. Kennedy and Messrs. Payano, Feeney, Keenan, Lewis and Cyr moved that the proposed new text be amended in section 2, in item 0840-0101, by striking out the figure "$2,421,044” and inserting in place thereof the following figure:- "$3,008,705”.
Budget Amendment ID: FY2024-S3-865
JUD 865
CPCS Billable Hour Cap Waiver
Messrs. Eldridge and O'Connor moved that the proposed new text be amended by inserting after section __ the following section:-
"SECTION __: Section 11 of Chapter 211D of the General Laws is hereby amended by striking out the words "; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 2,000 billable hours".
Budget Amendment ID: FY2024-S3-866
JUD 866
CPCS PAC Designation
Mr. Eldridge moved that the proposed new text be amended in section 2, in item 0321-1500, by inserting at the end, the following:- "prior appropriation continued".
Budget Amendment ID: FY2024-S3-867
JUD 867
Berkshire County District Attorney's Office
Mr. Mark moved that the proposed new text be amended in section 2, in item 0340-1100, by striking out the figure “$5,720,614" and inserting in place thereof the figure:- “5,816,329”.
Budget Amendment ID: FY2024-S3-867-R1
Redraft JUD 867
Berkshire County District Attorney's Office
Mr. Mark moved that the proposed new text be amended in section 2, in item 0340-1100, by striking out the figure “$5,720,614" and inserting in place thereof the following figure:- “$5,820,614”.
Budget Amendment ID: FY2024-S3-868
JUD 868
Restorative Justice Expansion
Messrs. Eldridge and Barrett, Ms. Kennedy and Mr. Gomez moved that the proposed new text be amended in section 2, in item 0339-1001, by adding the following:- “provided further, that not less than $200,000 shall be expended for the expansion of Communities for Restorative Justice, Inc. pursuant to chapter 276B of the General Laws.”; and
in said section 2, in said item, by striking out the figure “$181,795,423” and inserting in place thereof the following figure:- “$181,995,423”.
Budget Amendment ID: FY2024-S3-869
JUD 869
Permanency Mediation Services
Ms. Lovely, Messrs. Moore and Tarr, Ms. Gobi and Mr. Velis moved that the proposed new text be amended in section 2, in item 0330-0441, by striking the figure "$500,000" and inserting in place thereof the following figure:- "$750,000".
Budget Amendment ID: FY2024-S3-870
JUD 870
Enhancing the Lives of Human Trafficking Survivors
Messrs. Montigny and O'Connor moved that the proposed new text be amended by inserting after section ___ the following section:-
“SECTION ___. Section 59 of chapter 265 of the General Laws is hereby amended by inserting after the word “under” in the first instance the following words:- "subsection (1) of section 30 or section 30A of chapter 266, or under" and
by inserting after section ___ the following section:-
“SECTION ___. Chapter 276 of the General Laws is hereby amended by inserting after section 100U the following section:-
Section 100V. (a) In a case in which a plea of not guilty has been entered by a court pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed; (ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the defendant, seal the court appearance and disposition recorded and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall seal the records of the proceedings in their files. Sealed records shall not operate to disqualify a person in any examination, appointment, or application for public employment in the service of the commonwealth or of any political subdivision.
(b) An application for employment used by an employer that seeks information concerning prior arrests, convictions or adjudications of delinquency of the applicant shall include, in addition to the statement required under section 100A, the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court appearances.” The attorney general may enforce this section by a suit in equity commenced in the superior court. Notwithstanding this section or any other general or special law to the contrary, the commissioner of probation or the clerk of courts in any district court, superior court, juvenile court or the Boston municipal court, in response to inquiries by authorized persons other than by a law enforcement agency or a court, shall, in the case of a sealed record, report that no record exists.”.
Budget Amendment ID: FY2024-S3-871
JUD 871
UMass School of Law Tenants Legal Assistance
Messrs. Montigny and O'Connor moved that the proposed new text be amended in section 2, in item 0330-0300, by adding the following words:- "; provided further, that not less than $75,000 shall be expended for community outreach clinics and pro bono activities of the University of Massachusetts School of Law to provide direct legal assistance in the area of tenants' rights"; and by striking out the figure “308,994,992” and inserting in place thereof the following figure:- “$309,069,992”.
Budget Amendment ID: FY2024-S3-872
JUD 872
Relative to Fentanyl Arrests
Messrs. Fattman and Tarr moved that the proposed new text be amended by inserting after section ___ the following sections:-
"SECTION 1. Section 42 of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in line 13, after the word “58A”, the following words:- ; and, provided further, that if a person is arrested for a violation of section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl, subsections (c ½) or (c ¾) of section 32E of said chapter 94C or subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, any bail shall be assessed pursuant to sections 57 and 58.
SECTION 2. Section 57 of said chapter 276, as so appearing, is hereby amended by inserting after the sixth paragraph the following paragraph:-
Except where prohibited by this section, for any violation of (i) section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl; (ii) subsections (c ½) or (c ¾) of section 32E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court. The arrested person shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery. Any person authorized to take bail for such violation may impose conditions on a person's release in order to ensure the appearance of the person before the court and the safety of the person, any other individual or the community; provided, however, that the person authorized to take bail shall, prior to admitting the person to bail, modifying an existing order of bail or imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable.
SECTION 3. Section 58 of said chapter 276, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:-
Except where prohibited by section 57, for any violation of (i) section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl; (ii) of subsections (c ½) or (c ¾) of section 32E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court. The arrested person shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery. Any person authorized to take bail for such violation may impose conditions on a person's release in order to ensure the appearance of the person before the court and the safety of the person, any other individual or the community; provided, however, that the person authorized to take bail shall, prior to admitting the person to bail, modifying an existing order of bail or imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable."
Budget Amendment ID: FY2024-S3-873
JUD 873
Protections for Domestic Violence Victims
Mr. Fattman, Ms. Gobi and Messrs. Montigny and O'Connor moved that the proposed new text be amended by inserting after section ___ the following section:-
"SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 203 the following section:-
Section 203 ½: Leave from work when a contract worker has been victim of abusive behavior
(a) For purposes of this section, the following words shall have the following meanings, unless the context clearly indicates otherwise:
''Abuse'', (i) attempting to cause or causing physical harm; (ii) placing another in fear of imminent serious physical harm; (iii) causing another to engage involuntarily in sexual relations by force, threat or duress or engaging or threatening to engage in sexual activity with a dependent child; (iv) engaging in mental abuse, which includes threats, intimidation or acts designed to induce terror; (v) depriving another of medical care, housing, food or other necessities of life; or (vi) restraining the liberty of another.
''Abusive behavior'', (i) any behavior constituting domestic violence, (ii) stalking in violation of section 43 of chapter 265, (iii) sexual assault, which shall include a violation of sections 13B, 13B1/2, 13B3/4, 13F, 13H, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26D, 50 or 51 of chapter 265 or sections 3 or 35A of chapter 272 and (iv) kidnapping in violation of the third paragraph of section 26 of chapter 265.
“Client employers”, a business entity, regardless of its form, that obtains or is provided workers to perform labor or services within its usual course of business from a labor contractor, which includes a staffing agency as defined by section 159C of chapter 149.
''Contract workers'', individuals who perform services for an employer but are not considered employees under section 148B of chapter 149 of the General Laws, including individuals who are contracted by client employers.
''Domestic violence'', abuse against a contract worker by: (i) a current or former spouse of the contract worker; (ii) a person with whom the contract worker shares a child in common; (iii) a person who is cohabitating with or has cohabitated with the contract worker; (iv) a person who is related by blood or marriage to the contract worker; or (v) a person with whom the contract worker has or had a dating or engagement relationship.
(b) An employer shall permit a contract worker to take up to 15 days of leave from work in any 12 month period if:
(i) the contract worker is a victim of abusive behavior; and
(ii) the contract worker is using the leave from work to: seek or obtain medical attention, counseling, victim services or legal assistance; secure housing; obtain a protective order from a court; appear in court or before a grand jury; meet with a district attorney or other law enforcement official; or attend child custody proceedings or address other issues directly related to the abusive behavior against the contract worker.
The employer shall have sole discretion to determine whether any leave taken under this section shall be paid or unpaid.
(c) Except in cases of imminent danger to the health or safety of a contract worker, a contract worker seeking leave from work under this section shall provide appropriate advance notice of the leave to the employer as required by the employer's leave policy.
If there is a threat of imminent danger to the health or safety of a contract worker, the contract worker shall not be required to provide advanced notice of leave; provided, however, that the contract worker shall notify the employer within 3 workdays that the leave was taken or is being taken under this section. Such notification may be communicated to the employer by the contract worker, a family member of the contract worker or the contract worker's counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the contract worker in addressing the effects of the abusive behavior on the contract worker.
If an unscheduled absence occurs, an employer shall not take any negative action against the contract worker if the contract worker, within 30 days from the unauthorized absence or within 30 days from the last unauthorized absence in the instance of consecutive days of unauthorized absences, provides any of the documentation described in paragraphs (1) to (7), inclusive, of subsection (d).
(d) An employer may require a contract worker to provide documentation evidencing that the contract worker has been a victim of abusive behavior and that the leave taken is consistent with the conditions of clauses (i) and (ii), inclusive, of subsection (b); provided, however, that an employer shall not require a contract worker to show evidence of an arrest, conviction or other law enforcement documentation for such abusive behavior. A contract worker shall provide such documentation to the employer within a reasonable period after the employer requests documentation relative to the contract worker's absence. A contract worker shall satisfy this documentation requirement by providing any 1 of the following documents to the employer.
(1) A protective order, order of equitable relief or other documentation issued by a court of competent jurisdiction as a result of abusive behavior against the contract worker.
(2) A document under the letterhead of the court, provider or public agency which the contract worker attended for the purposes of acquiring assistance as it relates to the abusive behavior against the contract worker.
(3) A police report or statement of a victim or witness provided to police, including a police incident report, documenting the abusive behavior complained of by the contract worker.
(4) Documentation that the perpetrator of the abusive behavior against the contract worker has: admitted to sufficient facts to support a finding of guilt of abusive behavior; or has been convicted of, or has been adjudicated a juvenile delinquent by reason of, any offense constituting abusive behavior and which is related to the abusive behavior that necessitated the leave under this section.
(5) Medical documentation of treatment as a result of the abusive behavior complained of by the contract worker.
(6) A sworn statement, signed under the penalties of perjury, provided by a counselor, social worker, health care worker, member of the clergy, shelter worker, legal advocate or other professional who has assisted the contract worker in addressing the effects of the abusive behavior.
(7) A sworn statement, signed under the penalties of perjury, from the contract worker attesting that the contract worker has been the victim of abusive behavior. Any documentation provided to an employer under this section may be maintained by the employer in the contract worker’s employment record but only for as long as required for the employer to make a determination as to whether the contract worker is eligible for leave under this section.
(e) All information related to the contract worker’s leave under this section shall be kept confidential by the employer and shall not be disclosed, except to the extent that disclosure is:
(i) requested or consented to, in writing, by the contract worker;
(ii) ordered to be released by a court of competent jurisdiction;
(iii) otherwise required by applicable federal or state law;
(iv) required in the course of an investigation authorized by law enforcement, including, but not limited to, an investigation by the attorney general; or
(v) necessary to protect the safety of the contract worker or others employed at the workplace.
(f) Any contract worker seeking leave under this section shall exhaust all annual or vacation leave, personal leave and sick leave available to the contract worker, prior to requesting or taking leave under this section, unless the employer waives this requirement.
(g) No employer shall coerce, interfere with, restrain or deny the exercise of, or any attempt to exercise, any rights provided under this section or to make leave requested or taken hereunder contingent upon whether or not the victim maintains contact with the alleged abuser.
(h) No employer shall discharge or in any other manner discriminate against a contract worker for exercising the contract worker’s rights under this section. The taking of leave under this section shall not result in the loss of any employment benefit accrued prior to the date on which the leave taken under this section commenced. Upon the contract worker’s return from such leave, the contract worker shall be entitled to restoration to the contract worker’s original job or to an equivalent position.
(i) The attorney general shall enforce this section and may seek injunctive relief or other equitable relief to enforce this section.
(j) Employers shall notify each contract worker of the rights and responsibilities provided by this section including those related to notification requirements and confidentiality.
(k) This section shall not be construed to exempt an employer from complying with chapter 258B, section 14B of chapter 268 or any other general or special law or to limit the rights of any contract worker under said chapter 258B, said section 14B of chapter 268 or any other general or special law.
(l) Any benefit received from this section shall not be considered relevant in any criminal or civil proceeding as it relates to the alleged abuse unless, after a hearing, a justice of the district, superior or probate court determines that such benefit is relevant to the allegations."
Budget Amendment ID: FY2024-S3-874
JUD 874
New England Legal Foundation Equalizer Institute
Messrs. Fattman and O'Connor moved that the proposed new text be amended in section 2, in item 0321-1600, by inserting the following words:- “and $1,000,000 to the New England Legal Foundation to fund corporate legal services for underrepresented entrepreneurs who cannot afford counsel”; and
in said section 2, in said item 0321-1600, by striking out the figure “$49,000,000” and inserting in place thereof the following figure:- “$50,000,000”.