Judiciary Amendments

Budget Amendment ID: FY2027-S4-884

JUD 884

CPCS Bar Advocates

Messrs. Eldridge, Mark, Brady, Keenan, Collins and Driscoll, Ms. Edwards and Messrs. O'Connor and Tarr moved that the proposed new text be amended by inserting after section XX the following sections:-

SECTION XX. Subsection (a) of section 11 of chapter 211D of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-

(a)(1) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $155 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $120 per hour; for district court cases and children in need of services cases the rate of compensation shall be $100 per hour; for children and family law cases and care and protection cases the rate of compensation shall be $120 per hour; for sex offender registry cases and mental health cases the rate of compensation shall be $100 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the commonwealth, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.

SECTION XY. Section XX shall take effect on August 1, 2027.

Budget Amendment ID: FY2027-S4-886

JUD 886

Relative to Hate Crimes

Mr. Tarr moved that the proposed new text be amended by inserting after section __ the following sections:-

"SECTION __. Section 39 of Chapter 265 as appearing in the 2024 official edition is hereby amended by striking in line 5 the word "five" and inserting in place thereof the following:- 'ten'.

SECTION __. Said section 39 of chapter 265 as appearing in the 2024 official edition is hereby amended by striking in line 6 the words 'in a house of correction' and inserting in place thereof the following:- 'state prison'.

SECTION __. Said section 39 of chapter 265 as appearing in the 2024 official edition is hereby amended by striking in line 7 the words:- 'two and one-half years' and inserting in place thereof the following:- 'five'.

SECTION __. Said section 39 of chapter 265 as appearing in the 2024 official edition is hereby amended by striking in line 19 the word:- 'ten' and inserting in place thereof the following:- 'twenty'.

SECTION __. Said section 39 of chapter 265 as appearing in the 2024 official edition is hereby amended by striking in line 20 the word:- 'five' and inserting in place thereof the following:- 'ten'.

SECTION __. Said section 39 of chapter 265 as appearing in the 2024 official edition is hereby amended by striking in line 31 the word:- 'one' and inserting in place thereof the following:- 'two'."

Budget Amendment ID: FY2027-S4-887

JUD 887

Felony Threshold for Multiple Theft Offenses

Mr. Tarr moved that the proposed new text be amended by inserting after section ____ the following sections:-

"SECTION ___. Section 30 of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-

For purpose of this section, multiple violations of either this section or section 30A of this chapter occurring within a one hundred eighty day period may be aggregated into a single count with the aggregated value of the property stolen used to determine whether the violation is a misdemeanor or felony as provided herein.

SECTION _____. Section 37B of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-

A series of two or more violations of this section occurring within a one hundred and eighty day period may be aggregated into a single count with the aggregated value of money, goods, or services obtained used to determine whether the violation is a misdemeanor or felony as provided herein.

SECTION ______. Section 37C of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-

SECTION _____. Section 60 of chapter 266 of the General Laws, as amended by Chapter 69 of the Acts of 2018, is hereby amended by inserting at the end of the first paragraph the following:-

A series of two or more violations of this section occurring within a one hundred and eighty day period may be aggregated into a single count with the aggregated value of property obtained used to determine whether the violation is a misdemeanor or felony as provided herein."

Budget Amendment ID: FY2027-S4-888

JUD 888

Prisoners' Legal Services

Messrs. Eldridge, Keenan and Gómez moved that the proposed new text be amended in section 2, in item 0321-2100, by striking out the figure “$3,370,268” and inserting in place thereof the following figure:- “$3,508,105”.

Budget Amendment ID: FY2027-S4-888-R1

Redraft JUD 888

Prisoners' Legal Services

Messrs. Eldridge, Keenan and Gomez, Ms. Lovely and Ms. Creem moved that the proposed new text be amended in section 2, in item 0321-2100, by striking out the figure “$3,370,268” and inserting in place thereof the following figure:- “$3,420,268”.

Budget Amendment ID: FY2027-S4-890

JUD 890

Protecting the Public from Repeat Offenders

Mr. Tarr moved that the proposed new text be amended by inserting the following sections:-

"SECTION ___. Section 58 of Chapter 276 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the words “court,” in line 14, the words “, or if such person is considered a habitual criminal or habitual offender pursuant to section 25 of chapter 279”.

SECTION ___. Section 25 of Chapter 279, as so appearing, is hereby amended by inserting the following subsection:-

(e) A person who is considered a habitual criminal under subsection (a) or a habitual offender under subsection (b) of this section shall not be eligible for release on personal recognizance or unsecured appearance bond pursuant to Section 58 of Chapter 276."

Budget Amendment ID: FY2027-S4-891

JUD 891

NEIP Exoneree Network

Ms. Jehlen and Messrs. Collins and Mark moved that the proposed new text be amended in section 2, in item 0321-2200, by striking the figure “$250,000” and inserting in place thereof the following figure:- $450,000.

Budget Amendment ID: FY2027-S4-891-R1

Redraft JUD 891

NEIP Exoneree Network

Ms. Jehlen, Messrs. Collins and Mark, Ms. Rausch, Mr. O'Connor and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0321-2200, by striking out the figure “$250,000” and inserting in place thereof the following figure:- "$350,000".

Budget Amendment ID: FY2027-S4-893-R1

Redraft JUD 893

Electronic Signatures for Criminal Complaints

Ms. Jehlen moved that the proposed new text be amended by inserting after section 35 the following sections:-

SECTION 35A. Section 2 of chapter 275 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the word “subscribed”, in line 5, the words:- “, electronically or in person,”.

SECTION 35B. Section 22 of chapter 276 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the word “subscribed”, in line 4, the words:- “, electronically or in person,”.

Budget Amendment ID: FY2027-S4-893

JUD 893

Electronic Signatures for Criminal Complaints

Ms. Jehlen moved that the proposed new text be amended by inserting the following sections:-

SECTION XX. Section 22 of chapter 276 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “subscribed”, in line 4, the words:- , electronically or in person

SECTION XX. Section 22 of chapter 276 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, in line 7, the following words after the word “Procedure.”:- If a complaint is submitted electronically by the complainant, the complainant, if a law enforcement officer, may, in lieu of being examined on oath by justice, subscribe to the complaint under the pains and penalties of perjury.

SECTION XX. Section 2 of chapter 275 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “subscribed”, in line 5, the words:- , electronically or in person

SECTION XX. Section 2 of chapter 275 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, in line 5, the flowing words after the word “complainant.”:- If a complaint is submitted electronically by the complainant, the complainant, if a law enforcement officer, may, in lieu of being examined on oath by such court or a justice, subscribe to the complaint under the pains and penalties of perjury.

Budget Amendment ID: FY2027-S4-896

JUD 896

Council on American-Islamic Relations

Messrs. Gomez, Collins and Keenan, Ms. Howard, Messrs. Lewis, Moore and Payano, Ms. Kennedy, Messrs. Brady and Eldridge, Ms. Miranda, Mr. Crighton, Ms. Edwards, Ms. Jehlen, Mr. Driscoll and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0321-1600, by adding the following words:- “; provided further, that not less than $200,000 shall be expended for the Council on American-Islamic Relations, Massachusetts Chapter (CAIR-MA, INC) to provide litigation support and legal assistance for indigent victims of religious harassment and discrimination”; and by striking out the figure “$51,000,000” and inserting in place thereof the following figure:- “$51,200,000”.

Budget Amendment ID: FY2027-S4-897

JUD 897

Berkshire County Sheriff Opioid Task Force

Mr. Mark moved that the proposed new text be amended in section 2, in item 8910-0145, by adding the following words:- “; provided further, that not less than $200,000 shall be expended for the Berkshire county opioid education and awareness task force”; and by striking out the figure “$2,464,088” and inserting in place thereof the following figure:- “$2,664,088 ”.

Budget Amendment ID: FY2027-S4-898

JUD 898

One Can Help

Ms. Creem 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 $50,000 shall be expended for One Can Help, Inc. for the purpose of providing assistance and resources for families in juvenile courts statewide”; and by striking out the figure “$24,119,196” and inserting in place thereof the following figure:- “$24,169,196”.

Budget Amendment ID: FY2027-S4-899

JUD 899

Fentanyl Arrests

Messrs. Fattman and Tarr moved that the proposed new text be amended by inserting after section X the following section:-

“SECTION X. Section 42 of chapter 276 of the General Laws, as appearing in the 2022 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 X. 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 X. 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: FY2027-S4-900

JUD 900

Limitations on No Cost Calls

Mr. Fattman and Mrs. Dooner moved that the proposed new text be amended by inserting after section X the following section:-

"SECTION X. Chapter 64 of the Acts of 2023 is hereby amended by inserting at the end of section 2 the following subsection:-

'(d) Notwithstanding any general or special law to the contrary, section 87A of chapter 127 shall not apply to an individual committed to a state correctional facility, state prison, or county correctional facility who has been found guilty of any of the following crimes: rape, rape of a child, first degree murder, second degree murder, attempted murder, sexual assault, assault and battery on second offense, assault and battery with dangerous weapon, arson, stalking, and armed robbery.'."

Budget Amendment ID: FY2027-S4-901

JUD 901

Protecting Victims of Domestic Violence

Mr. Fattman, Mrs. Dooner and Messrs. O'Connor, Tarr and Montigny moved that the proposed new text be amended by inserting after section X the following section:-

“SECTION X. Section 52E of chapter 149 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Abusive behavior” the following 2 definitions:-

'Client employer', a business entity that obtains or is provided workers to perform labor or services within its usual course of business from a third party, including, but not limited to, a staffing agency as defined in section 159C.

'Contract worker', an individual who performs services for a client employer but is not considered an employee under section 148B, including individuals who are contracted for work by client employers.

SECTION X. Said section 52E of said chapter 149, as so appearing, is hereby further amended by striking out, in line 36, the words “An employer shall permit an employee” and inserting in place thereof the following words:- An employer or a client employer shall permit an employee or a contract worker.”.

Budget Amendment ID: FY2027-S4-901-R1

Redraft JUD 901

Protecting Victims of Domestic Violence

Mr. Fattman, Mrs. Dooner and Messrs. O'Connor, Tarr and Montigny moved that the proposed new text be amended by inserting after section 31 the following 2 sections:-

“SECTION 31A. Section 52E of chapter 149 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “abusive behavior” the following 2 definitions:-

“Client employer”, a business entity that obtains or is provided workers to perform labor or services within its usual course of business from a third party, including, but not limited to, a staffing agency as defined in section 159C.

“Contract worker”, an individual who performs labor or services for a client employer but is not considered an employee under section 148B, including individuals who are contracted for work by client employers.

SECTION 31B. Said section 52E of said chapter 149, as so appearing, is hereby further amended by striking out, in line 36, the words “shall permit an employee” and inserting in place thereof the following words:- “or a client employer shall permit an employee or a contract worker”.

Budget Amendment ID: FY2027-S4-903

JUD 903

Judicial Branch Pay Adjustments

Mr. DiDomenico moved that the proposed new text be amended in section 2, by inserting after section ___ the following sections:_ -

"SECTION ___. Notwithstanding sections 93 and 94 of chapter 221; section 6 of chapter211A; sections 53, 58, and 79 of chapter 218; section 35A of chapter 217; section 14 of chapter 185 and section 9A of chapter 185C, section 28D1/2 of chapter 278 or any other general or special law or by-law to the contrary, the salaries of the Clerk of the Supreme Judicial Court for the Commonwealth, the Clerk of the of the Supreme Judicial Court for Suffolk County, the Clerk of the Appeals Court, the Clerks in the Superior Court, the Clerks of the Boston Municipal Court; the Clerks in the Juvenile Department; the Clerks in the District Court Department; the Registers of the Probate and Family Court Department; the Recorder of the Land Court Department; and the Clerks of the Housing Court Department shall be 84.57 percent of the salary of the Chief Justice of the Supreme Judicial Court.

SECTION ___. Section 14 of chapter 185 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 2, “81.57 per cent of the chief justice of said department” and inserting in place thereof the following: 84.57 per cent of the Chief Justice of the supreme judicial court.

SECTION ___. Section 9A of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out, in line 3, “81.57 per cent of the chief justice of said department” and inserting in place thereof the following: 84.57 per cent of the chief justice of the supreme Judicial Court.

SECTION ___. Section 22 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$232,101” and inserting in place thereof the following figure:- $242,101.

SECTION ___. Section 22 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$242,101” and inserting in place thereof the following figure:- $257,101.

SECTION ___. Said section 22 of said chapter 211 is hereby further amended by striking out, in line 2, the figure “$226,187” and inserting in place thereof the following figure:- $236,187.

SECTION ___. Said section 22 of said chapter 211 is hereby further amended by striking out, in line 2, the figure “$236,187” and inserting in place thereof the following figure:- $251,187.

SECTION ___. Section 2 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$219,856” and inserting in place thereof the following figure:- $229,856.

SECTION ___. Section 2 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$229,856” and inserting in place thereof the following figure:- $244,856.

SECTION ___. Said section 2 of said chapter 211A is hereby further amended by striking out, in line 2, the figure “$213,924” and inserting in place thereof the following figure:- $223,924.

SECTION ___. Said section 2 of said chapter 211A is hereby further amended by striking out, in line 2, the figure “$223,924” and inserting in place thereof the following figure:- $238,924.

SECTION ___. Section 6 of said chapter 211A is hereby amended by striking out, in line 10, the following: “81.57 per cent of the salary of the chief justice of said court” and inserting in place thereof the following:- 84.57 per cent of the salary of the chief justice of the supreme judicial court.

SECTION ___. Section 4 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “$207,855” and inserting in place thereof the following figure:- $217,855.

SECTION ___. Section 4 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “$217,855” and inserting in place thereof the following figure:- $232,855

SECTION ___. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 5, the figure “$213,966” and inserting in place thereof the following figure:- $223,966.

SECTION ___. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 5, the figure “$223,966” and inserting in place thereof the following figure:- $238,966.

SECTION ___. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 7, the figure “$220,160” and inserting in place thereof the following figure:- $230,160.

SECTION ___. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 7, the figure “$230,160” and inserting in place thereof the following figure:- $245,160.

SECTION ___. Section 35A of chapter 217 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the following: “81.57 per cent of the salary of the chief justice of the department” and inserting in place thereof the following:- 84.57 per cent of the salary of the chief justice of the supreme judicial court.

SECTION ___. Section 53 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the following “81.57 of the salary of the chief justice of the department” and inserting in place thereof the following: 84.57 per cent of the salary of the chief justice of the supreme judicial court.

SECTION ___. Section 58 of said chapter 218 is hereby amended by striking out, in line 94, the following “81.57 per cent of the salary of the chief justice of said department” and inserting in place thereof the following: 84.57 per cent of the salary of the chief justice of the supreme judicial court.

SECTION ___. Section 79 of said chapter 218 is hereby amended by striking out, in line 2, the following: “81.57 per cent of the salary of the chief justice of said department” and inserting in place thereof the following: 84.57 per cent of the salary of the chief justice of the supreme judicial court.

SECTION ___. Section 93 of said chapter 221 is hereby amended by striking out, in line 2, the figure “81.57” and inserting in place thereof the following: 84.57.

SECTION ___. Section 94 of said chapter 221 is hereby amended by striking out, in line 11, the figure “81.57” and inserting in place thereof the following: 84.57.

SECTION ___. Said section 94 of said chapter 221 is hereby further amended by striking out, in line 20, the following “81.57 per cent of the salary of the chief justice of said department” and inserting in place thereof the following: 84.57 per cent of the salary of the chief justice of the supreme judicial court.

SECTION ___. Sections 1, 2, 3, 4, 6, 8, 10, 12, 13, 15, 17, 19, 20, 21, 22, 23, 24, and 25 of this act shall be effective on April 1, 2027.

SECTION ___. Sections 5, 7, 9, 11, 14, 16, and 18 this act shall take effect on July 1, 2027."

Budget Amendment ID: FY2027-S4-904

JUD 904

Access to Counsel

Messrs. DiDomenico, Gómez and Lewis, Ms. Jehlen, Messrs. Mark and Payano, Ms. Miranda, Messrs. Collins, Keenan, Eldridge and Oliveira, Ms. Howard and Ms. Edwards moved that the proposed new text be amended in section 2, by inserting after line item 0321-1600 the following line item:

"0321-1800. For the access to counsel program; provided, that funds may be expended for costs associated with implementing the program; and provided further, that, subject to appropriation, funds shall be distributed by the Massachusetts Legal Assistance Corporation to designated non-profit organizations to increase access to legal representation for low-income tenants and low-income owner occupants in eviction proceedings......... $3,000,000"

Budget Amendment ID: FY2027-S4-905-R1

Redraft JUD 905

Citizenship for New Americans Program

Ms. Howard, Messrs. Montigny, Lewis, Keenan and Gomez, Ms. Kennedy, Mr. Driscoll, Ms. Edwards, Messrs. Cyr, Payano and Tarr and Ms. Rausch moved that the proposed new text be amended in section 2, in item 4003-0122, by striking out the figure “$1,311,246” and inserting in place thereof the following figure:- “$1,561,246”.

Budget Amendment ID: FY2027-S4-905

JUD 905

Citizenship for New Americans Program

Ms. Howard, Messrs. Montigny, Lewis, Keenan and Gómez, Ms. Kennedy and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 4003-0122, by striking out the figure “1,311,246” and inserting in place thereof the following figure:- “2,000,000”.

Budget Amendment ID: FY2027-S4-907

JUD 907

No Cost Calls Reform

Mrs. Dooner and Mr. Tarr moved that the proposed new text be amended by inserting after section __ the following section:-

"SECTION _. Chapter 64 of the Acts of 2023 is hereby amended by inserting at the end of section 2 the following subsection:-

"(d) Notwithstanding any general or special law to the contrary, section 87A of chapter 127 shall not apply to an individual committed to a state correctional facility, state prison, or county correctional facility who has been found guilty of any of the following crimes: rape, rape of a child, first degree murder, second degree murder, attempted murder, sexual assault, assault and battery on second offense, assault and battery with dangerous weapon, arson, stalking, and armed robbery.”