Judiciary Amendments

Budget Amendment ID: FY2027-S4-884

JUD 884

CPCS Bar Advocates

Mr. Eldridge 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-S4-885

JUD 885

Court Appointed Special Advocates

Mr. Moore 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 $466,500 shall be expended for CASA Project Worcester County for its Court Appointed Special Advocate program in Worcester County; provided further, that not less than $157,800 shall be expended for Friends of Children for its Court Appointed Special Advocate program in Franklin and Hampshire County; provided further, that not less than $204,000 shall be expended for Center for Human Development for its Court Appointed Special Advocate program in Hampden County; provided further, that not less than $190,350 shall be expended for Family Services of Merrimack Valley for its Court Appointed Special Advocate program in Essex County; provided further, that not less than $317,400 shall be expended for Boston CASA for its Court Appointed Special Advocate program in Suffolk and Middlesex Counties; provided further, that not less than $120,000 shall be expended for 18 Degrees for its Court Appointed Special Advocate program in Berkshire County; and provided further, that not less than $146,250 shall be expended for The Advocacy Bridge for its CARE Advocate program in Bristol County”; and by striking out the figure “$24,119,196” and inserting in place thereof the following figure:- "$25,721,496".

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

Mr. Eldridge 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-S4-889

JUD 889

Massachusetts Legal Assistance Corporation

Ms. Edwards moved that the proposed new text be amended in section 2, in item 0321-1600, by striking out the figure "51,000,000" in inserting in place thereof the figure:- "52,000,000".

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 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-S4-892

JUD 892

Wrongful Convictions

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

SECTION XX. Section 9 of chapter 211D of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) a method for the provision of social services including, but not limited to, referrals for transitional services relating to the physical, social and emotional needs of persons after release from incarceration;

SECTION XX. Chapter 211D of the General Laws is hereby amended by adding the following section:-

Section 18. The committee shall establish, supervise and maintain a system for the assignment of social service advocates to assist indigents who are eligible for transitional assistance pursuant to chapter 258D.

SECTION XX. Chapter 258D of the General Laws is hereby repealed and replaced with the following chapter:-

Section 1. (a) There shall be within the office of the attorney general a division of erroneous felony convictions compensation that shall administer the provisions of this chapter, referred to throughout this chapter as the division. The attorney general shall designate a program director for the division who shall be a licensed attorney with experience in criminal law and erroneous convictions. The director may appoint and remove, subject to the approval of the attorney general, such investigative, legal and clerical or other staff as the work of the division requires. The director shall prepare an annual report which shall include the number of applications received, the number of applications granted and denied, and the number of hearings held before the division director or its staff. The director shall file such report annually to the general court and governor.

(b) The program director may promulgate rules and regulations pursuant to chapter 30A as may be necessary to carry out the provisions of this chapter.

(c) The program director may apply for and receive sums which may be transmitted to the erroneous felony convictions compensation fund maintained by the treasurer and for any other such funds as may become available to administer the requirements of this chapter.

Section 2. (a) A person shall be eligible to receive compensation and services through an administrative claims process for erroneous felony conviction if:

(i)the person was convicted of an offense classified as a felony;

(ii)the person did not plead guilty to the offense charged, or to any lesser included offense, unless such guilty plea was withdrawn, vacated or nullified by operation of law on a basis other than a claimed deficiency in the plea warnings required by section 29 D of chapter 278;

(iii)the person was sentenced to incarceration for not less than 1 year in state prison or a house of correction as a result of the conviction and has served all or any part of such sentence; the person was incarcerated on the basis of the conviction for the offense that is the subject of the claim; and

(iv)(A) the person has been granted a full pardon for such offense pursuant to section 152 of chapter 127, and the governor states that the pardon was granted because there is a reasonable possibility that the individual is innocent; or

(B) (i) the person has been granted judicial relief by a state court of competent jurisdiction on grounds specific to the person’s case, and that judicial relief vacates or reverses the judgment of a felony conviction; and

(a) the felony indictment or complaint used to charge the person with such felony has been dismissed; or

(b) a new trial was ordered, the person was not retried and the felony indictment or complaint was dismissed, or a nolle prosequi was entered; or (c) a new trial was ordered and the person was found not guilty at the new trial; and

(ii) 60 days have passed since the judgment of conviction was reversed or vacated, and

(a) the district attorney or the attorney general has not filed any felony charges against the person for any act associated with the felony conviction that is the subject of the claim, or

(b) if the district attorney or attorney general did file felony charges against the person for an act associated with the felony conviction that is the subject of the claim, those felony charges were dismissed, a nolle prosequi was entered, or the defendant was found not guilty at the new trial.

(b) For the purposes of this chapter “conviction” or “convicted” shall include an adjudication as a youthful offender, if such adjudication resulted in the youthful offender’s incarceration in a house of correction or state prison.

(c) Pursuant to this section, the committee for public counsel services shall appoint counsel for any individual who is indigent and eligible to apply for relief under this chapter.

(d) A person shall not be entitled to compensation from the commonwealth for any incarceration or portion thereof, which was or will be credited toward a sentence for, or during which the claimant was also serving a concurrent sentence for, the conviction of a lesser included offense or of another offense that does not itself meet the eligibility requirements of section 2. In those cases in which only a pardon from the governor is used to support a claim for compensation brought under this chapter, the subsequent exercise of the governor’s authority to revoke such pardon pursuant to section 150 of chapter 127 shall immediately negate the validity of any such claim.

Section 3. A person who meets the eligibility requirements of section 2 may present an administrative claim for such compensation and services to the division. A person eligible under section 2 shall be referred to throughout this chapter as the claimant.

(a) The claimant shall attach to the claim:

(i) a sworn statement asserting innocence;

(ii) certified copies of the mittimus that shows the claimant’s sentence to incarceration and the warrants necessary to grant a pardon pursuant to section 152 of chapter 127; or criminal case docket entries or documents related thereto in the case of judicial relief, including but not limited to a copy of the judicial decision and any relevant pleadings that support the claim for post-conviction relief; and

(iii) a statement from the department of correction or other authority verifying the length of incarceration.

For the purposes of this section, a claim for compensation or services shall not be deemed to have been submitted until all documents required of the claimant by the division have been submitted.

(b) The division shall have 30 days after the division receives the documents a claimant has initially transmitted in the form of a claim to notify the claimant in writing of any omissions or deficiencies in the claim submission and provide the claimant with opportunity to complete the claim submission and correct such omissions or deficiencies. Any claim not completed by the expiration of the limit included in Section 5 shall be deemed unsupported and closed.

(c) If the division determines a claimant’s eligibility solely on the basis of the claim and supporting documents, the division shall order immediate payment to the claimant under section 4 without a hearing.

(d) If the division determines that a claim and supporting documents are not sufficient to establish eligibility under section 2 , the division shall hold a hearing on the claim. The hearing shall be set to occur within 60 days after the date upon which the claim was submitted. Prior to the hearing, the division shall notify the claimant in writing of the deficiencies in the claim submission that necessitates the hearing and allow for the submission of any information the claimant offers for eligibility. The division may cancel the hearing if the claimant’s further submissions establish eligibility, and the division shall issue such decision. At the hearing, the claimant shall have the burden of establishing by a preponderance of the evidence that such person meets the eligibility requirements of section 2.

(e) The division shall approve or reject a claim for compensation or services filed within 60 days after the hearing. The division shall provide written notice of its decision to the person who filed the petition. The written notice shall include any amount due to the claimant, as specified in section 4, and any services to be provided to the claimant.

(f) With respect to a claim that involves an offense prosecuted by the attorney general’s office, the attorney general shall duly appoint, pursuant to chapter 12, a special assistant attorney with experience in criminal law and erroneous convictions to administer the provisions of this chapter. The attorney general’s office shall in all respects treat such claims as presenting an unwaivable conflict of interest.

Section 4. (a) If the division determines that the claimant has established eligibility under section 2 by a preponderance of the evidence, the division shall order the payment to such person of compensation for such erroneous felony conviction.

(b) Except as limited by the provisions of this chapter, a person determined to be eligible for compensation shall receive $115,000 per year of incarceration, and not less than $57,500 for each year the person was on parole or probation, or for each year the person was required to register as a sex offender, whichever period of time was greater.

(c) These awards shall be adjusted for inflation using the Consumer Price Index for all urban consumers. This adjustment shall not result in a reduction of the amount calculated in the prior year.

(d) Any partial year of incarceration for the erroneous felony conviction shall be prorated in order to compensate only for the portion of such year in which such person was incarcerated.

(e) If a person is determined to be eligible for compensation under section 2, the person shall also be eligible for other services, including:

(i)waiver of tuition and fees for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses;

(ii)health care benefits available under MassHealth, if the person resides in Massachusetts; and

(iii)reentry planning, transitional assistance, housing assistance.

(f) The commonwealth shall not be liable to levy of execution on any real or personal property to satisfy an order of payment pursuant to this chapter. Any payment ordered by the division pursuant to this chapter shall be paid from funds appropriated by the general court for such purpose. Payments by the commonwealth under this chapter are made to remedy the claimant’s erroneous felony conviction and subsequent injury of erroneous incarceration. Only those portions of a payment that are paid or retained as compensation for services in bringing a claim under this chapter by an attorney representing the claimant pursuant to a signed agreement with the claimant or otherwise shall be subject to taxation by the commonwealth.

Section 5. A claim for compensation brought under this chapter shall be filed within 3 years after either the grant of a pardon or the grant of judicial relief and satisfaction of other conditions described in section 2. Any action by the commonwealth challenging or appealing the grant of such judicial relief shall toll the 3-year period. Every claim brought pursuant to this chapter that is not filed within the time required by this section is forever barred from consideration by the division and the courts of the commonwealth.

Section 6. (a) If a claimant is aggrieved by the final decision of the division under subsection (e) of section 3, the claimant may initiate an appeal with the division of administrative law appeals, hereinafter referred to as “DALA” within 30 days after the claimant receives written notice of the decision under said subsection (e).

(b) The presiding officer or a designee from DALA shall, in response to the filing of the action, within 30 days, file in such court a copy of the division’s decision and the claim submitted by the claimant.

(c) At the claimant’s administrative hearing, the presiding officer or a designee from DALA shall conduct a de novo review of the decision of the division. The administrative hearing shall be conducted in accordance with the standard adjudicatory rules of practice and procedure pursuant to 801 CMR 1.00, and may include the presentation of additional records, evidence, or live testimony. The claimant shall be afforded all rights under the federal Administrative Procedure Act and chapter 30A.

(d) At the conclusion of the administrative hearing, the presiding officer or a designee from DALA may affirm the decision of the division, set aside or modify the decision or compel any action unlawfully withheld or unreasonably delayed. The presiding officer or a designee from DALA shall consider whether the claimant is entitled to additional damages, including attorney’s fees, if it determines that the division denied the claimant’s application in error.

(e) The division shall retain the authority to make a settlement offer to the claimant at any point subsequent to the initiation of the claim.

Section 7. (a) Within 30 days of a person’s release from incarceration for an erroneous felony conviction, the trial court in which the conviction originated shall, upon a motion demonstrating eligibility for compensation under section 2, order payment of transitional financial assistance in the amount of $15,000 to the formerly incarcerated person. These funds shall be payable from the director as under section 1 in the same manner as an award under section 4.

(b) Upon the release from incarceration of an indigent person whose felony conviction is vacated, reversed or pardoned, the trial court in which the conviction originated shall, upon motion demonstrating indigency, authorize funds for a social service advocate from the committee for public counsel services’ approved vendor list to assist the formerly incarcerated person in obtaining transitional services including, but not limited to, referrals for their physical, social and emotional needs.

(c) No person who received funds or services pursuant to this section shall be required to repay such funds or the costs of such services if the person is subsequently determined to be ineligible for compensation pursuant to sections 3 and 6.

(d) Funds and the cost of services provided under this section shall not offset any compensation awarded pursuant to section 4.

SECTION XX. For 1 year after the effective date of this act, any person who meets the eligibility requirements of this act who has timely filed a claim for compensation under the previous chapter 258D of the General Laws may proceed with that claim or may file an administrative claim for compensation under this act and a notice of dismissal of the previously filed claim.

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-S4-894

JUD 894

Violent Injury Equity for Corrections Officers

Mr. O'Connor moved that the proposed new text be amended by adding the following section:-

"SECTION XX. Chapter 149 of the Acts of 2024 is hereby amended in line 4 of section 3 and section 4 after the words “reserve police officer” by inserting thereof the following words:- “or a corrections officer or correctional program officer who is subject to chapter 152".

Budget Amendment ID: FY2027-S4-895

JUD 895

Immigrant Legal Defense

Mr. Gómez moved that the proposed new text be amended in section 2, in item 4003-0124, by striking out the figure "$5,000,000" and inserting in place thereof the following figure:- "$8,000,000".

Budget Amendment ID: FY2027-S4-896

JUD 896

Council on American-Islamic Relations

Mr. Gómez 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

Mr. Fattman 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 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 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-S4-902

JUD 902

Juvenile Court Clinics

Ms. Lovely moved that the proposed new text be amended in section 2, in item 5055-0000, by striking out item 5055-0000 and inserting in place thereof the following item:-

"5055-0000 For forensic services provided by the department of mental health, provided, that not less than $1,500,000 shall be expended for juvenile court clinics........$19,018,309"

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

Mr. DiDomenico 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

JUD 905

Citizenship for New Americans Program

Ms. Howard 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-S4-906

JUD 906

Adding Sex and Gender to Hate Crime Statute

Ms. Rausch moved that the proposed new text be amended by adding the following section:-

“SECTION X. Section 39 of chapter 265 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended in subsection (a) by inserting in line 4, after the words “national origin” the following words:- , sex, gender.”

Budget Amendment ID: FY2027-S4-907

JUD 907

No Cost Calls Reform

Mrs. Dooner 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.”