Item Name | Start Time | Duration | Webcast |
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Formal House Session - April 4, 2018 | 4/4/2018 5:10 PM | 03:05:43 |
[MUSIC PLAYING]
House will be in order. Paper from the Senate.
A petition of Marc R. Pacheco and Keiko M. Orrall For legislation to release certain land in Berkley from the operation of an agricultural preservation restriction comes to the Senate with the endorsement. It's referred by said branch under suspension of [? Journal ?] 12 to the committee and state administration and regulatory oversight.
Question now comes on concurrence. All those in favor, say aye, all those opposed nay. The ayes have it. The house concurs.
House will be in a brief recess.
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House will be in order. Following [INAUDIBLE] bill having rightly [INAUDIBLE] is now before the House for final passage. House 3995, and act authorizing the commission of asset management and maintenance to convey a certain parcel of land in the city of Revere. Under the Constitution, a separate vote is required. The roll call machine will now be open and remain open for three minutes. Court officers, summon the members. Indicate a roll call is in progress.
Under Rule 49, the court officers will vote for Representative [INAUDIBLE].
Clerk will make an announcement.
The voting stations of representatives Chris Walsh, Calter, and Vieira are locked.
Have all members voted who wish to do so?
Have all members voted?
Have all members voted who wish to do so? Have all members voted? Time for voting has expired. The clerk will display the tally. On this matter, 151 members voted in the affirmative, none in the negative. The bill is passed to be enacted.
Paper from the Senate.
A report of the committee of conference on the disagreeing votes of the two branches with reference to the house amendment-- striking out an [? acting ?] clause and inserting in place the text of House document number 4043 of the Senate bill relative to criminal justice reform, Senate number 2200. Report in part recommending a bill relative to criminal justice reform, Senate number 2371 having been accepted by the Senate.
Miss Cronin of Easton moves suspension of the rules. All those in favor, say aye, opposed no. The ayes have it. The rules are suspended.
Question now comes on acceptance of the conference committee report. Members are asked to please take their seats and subdue their conversations. Court officers are asked to clear the aisles.
Question comes on acceptance of the conference committee report. The chair recognizes Ms. Cronin of Easton.
Good afternoon, Mr. Speaker and through you to the members. I rise in support of the conference committee report. This day is a momentous occasion, the culmination of a significant amount of hard and passionate work by the members of the legislature and so many, many others.
I couldn't help but think that 50 years ago today, we lost the great Dr. King. On that day, hope was lost and dreams were crushed. Today, 50 years later, through the work of so many, the hope for a fairer, more equitable, and stronger criminal justice system is being realized in this chamber today.
[APPLAUSE]
But before I begin, I would like to thank Speaker DeLeo for his unwavering support as we endeavored to reform and improve our criminal justice system. He made very clear, and early on, the criminal justice reform was one of his top priorities. And he kept his word. I thank you for your continuous, constant support of this process. Thank you.
I also want to specifically thank my Senate co-chair-- he's up in the galley-- the gentleman from Belmont. It has been my sincere pleasure to work with him. He has worked not just recently, but for many, many years on the issues that have driven criminal justice reform. His work has made a difference in the lives of many people.
I want to thank my colleagues on the conference committee. We were seeking to reconcile two very complex and broad ranging bills. We hear about the lack of cooperation in politics, but the work this committee did speaks to the highest level of bipartisan and bicameral cooperation. I want to especially give a shout out to our leader from Quincy and the gentlelady lady from Broughton. We are here today because of your efforts. The staff, the unsung heroes of this extraordinary undertaking-- for months, they have worked long days, late nights, and weekends. Thank you. Thank you.
[APPLAUSE]
But I also want to specifically thank the members of the House. So many of you worked so hard to ensure that the reforms we made would be meaningful and far-reaching. And they are. This is your bill.
Why should we undertake criminal justice reform? The research and data show that the answer is pretty clear because we know that criminal justice reform will reduce recidivism. We know that it will increase public safety. And we know that it will provide long-term cost savings to the taxpayer. But we also know that by doing so, we will improve the lives of many and for many years to come.
I would like to highlight some significant portions of this legislation. It addresses our criminal justice system from the earliest point at which an individual first makes contact with our criminal justice system, sometimes as children, up until the time that an individual re-enters society after incarceration or is released for compassionate medical reasons. We have touched on every aspect of our justice system, soup to nuts.
And where does it all begin? It begins with our children. We know that the earlier a child becomes involved in the criminal justice system, the more likely that child will remain in the system throughout his or her life. We recognize that there is an indisputable link between the support our youngest and most vulnerable children receive and incarceration later in life. And that's why this legislation creates a task force to examine how to improve the identification and diagnosis of children in our schools who have been affected by childhood trauma and provide them with necessary services.
We have improved our juvenile justice system by increasing the age of criminal responsibility to 12, decriminalizing some low level offenses, and increasing opportunities for diversion and restorative justice.
We recognize that children and young adults make mistakes. And that is why we have created a mechanism for expunging certain offenses for juveniles and our young adults up to the age of 21. We also allow expungement in limited situations for adults. This includes expunging records for an offense that is no longer a crime, for example, marijuana convictions.
A very high percentage of individuals involved in our criminal justice system are struggling in one way or another. For the first time, we have required that our district attorneys create diversion programs in three categories-- for those suffering with mental health issues, for those struggling with addiction, and for our veterans.
We have eliminated the age requirements for access to diversion programs for those people who are first offenders. Whatever the age, a first offender should have access to treatment and programming. We would be remiss for not encouraging people to get the help that they need.
We have reformed our bail system to ensure that no one is incarcerated solely for the inability to have the financial resources to make bail. In the same regard, we have reformed our system of fines and fees, ensuring that no one is incarcerated solely because of an inability to pay a fine or fee. We have eliminated mandatory minimums for certain low level drug offenses. And by doing so, we'll provide greater access to treatment.
But at the same time, we are in the midst of an opioid epidemic, a public health and public safety crisis that is like nothing we have received or experienced in recent history. We are presented with new drugs, fentanyl and carfentanil, drugs that are so potent that even the tiniest amount is deadly. We have moved both of these drugs into the Class A category and strengthened the penalties for those individuals that seek to profit from the misery of others. We will have the strongest carfentanil law in the country.
And for those in our prison system.
[APPLAUSE]
We recognize that our corrections officers must have the tools to ensure the safety of individuals within the correctional facilities, both employees and prisoners alike. But we also recognize that the use of segregation, commonly referred to as solitary confinement, can have negative consequences for the individual as well as for public safety. We will ensure that there is accountability for the use of solitary confinement. We have also precluded the use of segregation for pregnant women and juveniles.
For the first time, we have created a mechanism for compassionate medical release for terminally ill prisoners that pose no safety risk to others.
We have reformed our CORI system. This will allow those that have paid their debt to society to move on with their lives, find jobs, and live as productive members of our community. If we want people to re-enter society, we must let them re-enter society.
And as we move forward with these reforms, we must never forget victims or the need for public safety. To that end, we have increased the efficiency of collecting DNA samples for the DNA database. We expect that law enforcement will be able to solve many unsolved rapes and murders as a result. This will increase public safety, but also provide some measure of comfort or closure to the victims and their families.
We have strengthened our laws that deal with multiple OUI offenses. These are just a few of the many provisions of this legislation. It is comprehensive and will have a meaningful impact for many years to come.
Please join me in this historic vote. And I ask that when a vote be taken, it be taken by a call of the yeas and nays.
Miss Cronin asks when a vote be taken, it be taken by the yaes and nays. All joining with her will please rise. First division?
20.
20. There being sufficient number. When a vote is taken, it shall be taken by call of the yeas and nays.
Chair recognizes Mr. Mariano of Quincy.
Thank you. Thank you, Mr. Speaker. I, too, hope that this conference report is adopted. And let me begin by saying I would like to congratulate the two chairmen of the conference committee, the Senate chairman who did an outstanding job and has been one of the more knowledgeable people about criminal justice that I've ever run into, and our new chairman of judiciary, Representative Cronin.
I've been on an awful lot of conference committees. And these two folks know this bill as well as any two people could know any bill. Sometimes I believe they were in the weeds a little bit. I'm still trying to figure out the senator's explanation on sentencing that he did on a white board. And I may never ever come into a full understanding of what it means.
But as someone who was on this committee with very little criminal justice background-- Thank you, Mr. Speaker-- it was a learning experience, a tremendous learning experience for me and one of many, many fine lunches that I will miss. So if we get any more conference committees, I'll be happy to serve as long as lunch is involved.
But there are a number of things that were very important to me as we began to bridge the gaps that were apparent when we began the process. When we began this process, I really felt I was looking at a very, very long and drawn out road to getting some sort of compromise. Because we were miles apart. And I want to take a minute to thank the Senate chairman for his work in initiating the beginning of a strong dialogue that allowed us to begin to talk about substantive issues.
And I want to just mention a few of the substantive issues that I think were important to me. And one of them-- well, there isn't much left because the chairman did an excellent job of describing just about everything that's in the bill. Didn't leave much for the rest of us.
But the diversion program for people coming into the system at an older age was extremely important. And it's important because we are faced with an opioid crisis in which people are entering the system in their 30s, people hurt on the job who are addicted to painkillers and then that turns into a full-blown opioid addiction and then an entry into the criminal justice system, now have an opportunity to get clean and take advantage of the diversion programs that were only offered to young offenders.
That's a tremendous opportunity, one that was sorely lacking and should have been obvious. And it was. We agreed on that very, very quickly.
The gentlelady from Easton talked about carfentanil. And those of us in urban areas that see the trends-- the dealings with this deadly substance-- are very, very nervous about it, because it is a killer in extremely small quantities, in such small quantities that you can detect them very, very infrequently. And detection is a problem. Our crime labs, as they exist today, have an awful time detecting fentanyl. But what we've done is allowed you to be charged with a mixture of fentanyl. So that in and of itself is enough to bring a conviction, which is a necessary evil in today's society.
We need to get this off the street. People have to understand that a little touch of fentanyl is killing people. And I think this plays that song loud enough so that people will get the message.
We don't want this trafficking in our system now. We're seeing it in cocaine. We're seeing it in marijuana. It is used to increase the high, to make the product more potent. We just can't have it. And our law enforcement folks need tools to attack this problem. And those are just a couple of the things that were extremely important to me.
And before I leave, I want to thank the staff. I want to thank the lady from Groton who was on the committee and helped explain a lot of things to me and helped bring an understanding of a lot of different things in criminal justice to me personally. And who has a beautiful dog. And we actually had the dog as one of the voting members of the conference committee. He was with us. He was with us.
So on that note, I ask that my colleagues please consider voting for this conference report because I do think there's an awful lot of good things in here, doing an awful lot of things for people. So with that, I thank my colleagues. And I ask for the vote be taken, unless you want to--
Question comes on acceptances of the conference committee report. The chair recognizes Miss Harrington of Groton.
Thank you very much, Mr. Speaker and through you to the members. This truly was an honor and a mission to be part of this committee. We met, I think, far more often than any other committee I think I have ever been on. In fact, we even met on holidays. And we would have met weekends and evenings, too, if the Senate chair had had his way. But we didn't. However, the two chairs seemed to work well into the wee hours of the night very often.
I do have to make a clarification, too. As the majority leader spoke, he said that he did not understand a white board presentation on sentencing. And neither did I, so I couldn't help him at all with that part. But I do have to take part of the blame. That particular meeting of the conference committee took place late on the afternoon prior to St. Patrick's Day, on that Friday.
It was a meeting that we had decided to hold very quickly. And I had to take my dog with me, who is not a lap dog, but a big yellow Labrador retriever. So I feel part of the fact that we may not have understood the white board had to do with the yellow lab running through the room through the entire meeting.
But I do want to thank wholeheartedly the chairs and the staff who worked tirelessly on this bill. And I do want to thank my fellow conference committee members, in particular from the House, because when the majority leader said there were difficult moments, I think that was an understatement. In fact, there were some moments that I think I felt very discouraged about the likelihood of reaching resolution. And the majority leader kept me in line on that one. So we kept persevering and we came to what I believe to be a fine resolution.
I won't go through the particulars of every section because I think you've now heard that. But I do want to go to some of the philosophical things that brought about these new reforms in our criminal justice system.
One of the things was a shift in our philosophy, especially with regard to juveniles and our hope of learning more about our emerging adult population. And the reason that we are focusing on that is because it is in fact in the Commonwealth's best interest to reduce our recidivism, to increase our training, to increase restorative justice when it can be done. And these tenets are things that we took into consideration with all members of the population, but in particular we tried to focus on what is going to change our system and even the juvenile system as well.
For many of you who have been in a courthouse, in a district courthouse, and been in a district courtroom on any given day, you may see certain people, juvenile age people or emerging adult people, well-dressed with their parents. And bail is not going to be an issue for those people. But then you're going to see people who don't have the financial resources, who don't have someone standing behind them to pay it, and that's where we had to really reform our system. It has to be fair. It has to be blind as to your socioeconomic background. And we have to recognize that kids are kids.
We also had to work extensively with the information we've received with regard to solitary confinement to make sure that it's done in a humane and decent way while also making sure that there is safety among the prison systems for both the staff of the prisons, the fellow inmates, and the inmates themselves that may be in solitary confinement. We took a lot of advice on that from various resources. And we had had an extensive hearing with regard to that. And I believe, with the help of all other resources and the information we received, we came up with the best plan with regard to that.
With regard to the mandatory minimums, I know there are some of you out there that had hoped they would be abolished in their entirety. That just isn't possible. What you do need to understand is that we have to balance two things at all times. And the two things that we have to balance is the safety of the public that we serve as well as the need for reform. So although mandatory minimums, there is great amount of information and discussion on that they needed to be reformed-- and we did; we took some away at the lower level. But we had to add them with fentanyl and carfentanil because the risk that they pose to the public is insurmountable.
And I would suggest that along with the desire to prevent recidivism and the belief that putting people in on a mandatory minimum does not stop recidivism-- and I believe that is correct-- there is an inherent interest in keeping these high level dealers off the streets. And we focused on the dealers and the traffickers. And we had to make new types of arrangements, such as the mixtures with fentanyl and carfentanil because of the difficulty in really nailing down the amount that people have and being able to prosecute them this was something that our law enforcement people felt very strongly about.
Our CORI reform and our expungement changes are also a shift in philosophy. What we did learn, through hearing and through the resources we were given, is that sometimes something someone has done at an early time in their life will plague them for the rest of their life. That doesn't help us as a society, nor does it help them.
A few of us here last week went to Berlin in order to learn more about criminal justice in the emerging adult population. And although I can assure you, I'm not going to be saying [GERMAN] very soon, because there were many things I disagreed with, there were certain things that I thought that they talked about that do have resonance with us.
And one of the things that they said was, these people are going to be your neighbors. When they get out, they're going to maybe be your next door neighbor. They're going to live in your community. And I think in any criminal justice reform, we have to bear that in mind. People have to pay the consequences of their action, but there has to be an opportunity to live anew, an opportunity for hope. So for that reason, we looked very carefully at the various crimes and the ages of people and the ability to maybe expunge records so that they could get a fresh start at an earlier point in their life.
I think all of the provisions have been gone over, but I do want to say that I was contacted after we had put the report out. And they wanted to know what parts I really hated, what parts I thought were not good at all. And I said, I can't think of a part that's not good at all because I want to tell you that it was done-- as a member of the minority party, I can tell you it was in a very bipartisan fashion. And it took into consideration all of your concerns, as well as the advocacy groups, as well as law enforcement, as well as the courts, as well as the prisons. So everybody was involved in this project. And I think that's why it came out so great.
So I want to especially thank again the House chair, Claire Cronin, who really never slept for a couple of months, nor the Senate chair Will Brownsberger and their staffs. And I want to particularly thank the staff member that was by my side the entire time, Patrick George, who was a fountain of knowledge every single time we met and really helped me through a lot of it. So thank you very much. And I do hope that this bill is passed. Thank you.
[APPLAUSE]
Question comes on acceptance of the committee report. The chair recognize Mr. Sanchez of Boston.
Thank you, Mr. Speaker and through you to the members. Mr. Speaker, thank you for your leadership, as well as the leadership of the gentlelady from Easton, the gentleman from Quincy, the gentlelady from Groton, for all of your hard work in this conference committee report that we are going to vote on today.
Mr. Speaker, you made a promise. And you made a big promise to so many communities and so many people in this Commonwealth. And it was that you were going to be thoughtful with all of us. And you were going to engage all of us. And you were going to make sure that you had an understanding of something that was going to be big and profound. It was going to make a difference in the lives of so many. And that product is here today.
It started in the discussion with the CSG group that was put together. Remember, folks, we voted on a CSG report last year. Not only did we vote on a report, we voted on adding funding to the amount of $3 and 1/2 million as well. Today, that piece is also coming together.
But the reform package that is before us today is the culmination of your leadership and the leadership of everyone here in making sure that we tackle a criminal justice system that's been broken. And the way that you brought us together, and listening to our constituents, listening to the advocates of which so many here today-- wave. There you go. There's a whole bunch of people that are excited. And we're happy to see you here.
The way that you brought us together, with Justice Ireland in your office, with the gentlelady from Easton, with the gentleman from Quincy, in the beginning, back in the summer, to talk about what were those provisions that we were going to focus on. Just think of it folks. There's over 15 provisions in this bill. This is a once in an era bill because of the so many provisions in there that tackle from the beginning until the end of the entire criminal justice process. By engaging Chief Justice Ireland, Mr. Speaker, it brought a profound amount of gravitas to what we were doing because he's a gentleman with such profound respect in our communities as well as here in the Commonwealth as someone who's done so much on the bench, as well as off the bench. And having him in the room to be thoughtful with us throughout the process deserves applaud for your vision and your leadership in bringing people to the table in everything that we do.
Remember, we bought members of the courts. Aside from Justice Ireland, we talked to the district attorneys, those criminal justice advocates that have been working on these issues for so many years, and, yes, all of you, the members.
I saw a picture. Actually, I have a book in my office where the gentleman from Boston, back in 1970-something, was working on these issues and standing up because here in this building back then, it was really difficult to talk about disparities in the criminal justice system relative to blacks, relative to Latinos and others.
This bill allows us not only to have those conversations and for the system to be thoughtful with everyone who is stopped in their car or on the street by a law enforcement official, to also the judges as well, because the disparities have been great in so many different areas for way too long.
And to do this on this special day, Mr. Speaker, on this special day, where we remember the legacy and celebrate the life of Dr. Martin Luther King-- remember, Dr. Martin Luther King spoke from that very spot that you're standing on right now, Mr. Speaker, back in April of 1965. 50 years ago today, he was assassinated on that fight for social justice and equality for people of color. He dedicated his life to love and to justice for his fellow human beings. And Mr. Speaker, I could think of no better way to commemorate his teachings than with this criminal justice reform legislation that is before us today.
I'm proud of this report that we have before us, again, because it gets reform from beginning to end. With this bill, our system is going to focus on individuals, on people as who they are and where they're at in their lives, rather than being seen or being impacted and treated as a broad based policy.
This reform package that we have before us today, it's not a trade-off. It is a-- we reached that point of balance that all of us can support. We ensure the public safety, while making sure that we help those who want to turn their lives around and break the cycle of incarceration.
For the first time ever, we're going to have a process to expunge records for offenses that are no longer crimes. Growing up in the housing projects here in Boston, I can't tell you the number of times growing up in the '80s having my pockets frisked and my friends being thrown up against cars and being thrown in cars and being brought into a cell at a very young age in a decrepit system, buildings falling apart-- those jails. Remember the Suffolk County Jail that was shut down because of human rights violations? There were kids that were brought to those buildings because they had a joint in their pocket.
This bill will make sure that those adults now that were affected, they will be able to expunge that interaction, that piece of their life. They'll be able to check off the box and say, I have no record when they're applying for housing or a job.
And earlier this week-- guess what, folks-- over 100 people from those communities applied for licenses to start a business. We are changing lives with this bill. This legislation today ensures that they have an opportunity to lift themselves up as they embark on their business enterprises.
We do the same for youth, allowing juveniles to expunge those records. So if you were a gentleman at 16 from a particular community who might have gotten into a fight, maybe from Quincy or maybe from somewhere else, that charge won't haunt them for the rest of their lives as they apply for jobs, housing, and schools.
Mr. Speaker, the gentlelady from Easton provided a great summary of the topics of this legislation-- bail reform, elimination of certain mandatory minimums, raising the felony larceny threshold, policies to stop trafficking fentanyl, and so many other important reforms. And all of this complements that CSG report. Again, this was a collaborative effort.
In the days after the news broke of Dr. King's assassination, protests erupted around the country. And those moments were filled with anger, hatred, and bitterness. But Dr. King lived a life of love and peace. And his teachings inspired people to serve and to lead.
He once said, law and order exist for the purposes of establishing justice. By working together, we've been able to identify areas which can improve the lives of people in the communities we represent. And in many communities, in my community in particular, we say si, se puede. Yes, we can. Si, se puede.
This conference report improves justice throughout our system. [SPEAKING SPANISH] Thank you, Mr. Speaker. I hope this passes.
[APPLAUSE]
The House will be in a brief recess as we pay honor to our former member, Peter Kocot.
Mr. Parisella of Beverly and Mr. Collins of Boston asked to be recorded on the last roll call. Chair objection. The chair has none.
On roll call number 319, Mr. Parisella yes, Mr. Collins yes.
Today, we have a number of guests gathered in this chamber for a very special and important purpose. On behalf of the House of Representatives, I'd like to welcome the family and loved ones of our dear friend, Peter Kocot, to the House.
Chairman Kocot, I think we all will agree, was the epitome of what a public servant should be. And today, we take a moment to reflect on his legacy. I'd like to recognize his wife, Shauneen, who is present here today. Shauneen.
[APPLAUSE]
Although his son Jake could not be present today, we also have his son Luke and a number of Peter's siblings and friends. And I like all of them to stand to be recognized as well.
[APPLAUSE]
To Shauneen and to Jake and Luke and Peter's siblings and friends, we understand that there's nothing that we can say to take away what happened this winter. But I hope that hearing about the incredible Peter had on the Commonwealth, the House, and all of us here today, will be of some comfort as you continue to grieve and as you continue to heal. I can't tell you the number of letters which I have received from Peter's constituents and nonconstituents alike who knew what he was all about in his service here to the Commonwealth. And the way they have spoken to him, in summary, about a man of integrity, great intellect, understanding, and a man who really tried to make a difference in the lives of many people in this Commonwealth.
It's amazing to me, as I sometimes have gone to different events, where people will have a moment of silence for Peter Kocot, just to honor this great man. Although he may have been somewhat quiet, he's a man whose actions spoke very, very loudly and clearly.
To say that things have not been the same here without Peter's big presence is an understatement. We think about him all the time. And the health care bill that we are working on right now will carry the name Peter V. Kocot Healthcare Legislation in his honor.
[APPLAUSE]
But today, we are also honored to have two of his closest friends here in the house say a couple of words. I now would like to call upon the gentleman from South Hadley, Representative John Scibak.
Thank you, Mr. Speaker and through you to the members.
To Shauneen, to Luke, Mary, Kathy, Paul, Joe, the rest of the family and friends, when I first walked into this chamber a little over 15 years ago, it was one of the first times I'd been in this building. And I'm sure many of you experienced a similar thing. When Peter Kocot walked in to be sworn in in a special election in 2002, he'd already been here for 20 years. Peter probably has more tenure in this building than almost anyone. And so where you and I, the newbies, had trouble finding Gardner Auditorium that first day, we weren't sure with the restrooms were, Peter knew how this building worked.
I knew of Peter at the time, but I really didn't know him then. And over the past 15 years, I got to know him pretty well. And I just want to appreciate the opportunity, Mr. Speaker, to share some of my thoughts and memories.
First thing that struck you about Peter was his size. And after Peter passed, the gentleman from Medford referred to him as a gentle giant. But everyone knows to the gentleman from Medford, everyone is a giant.
[LAUGHTER]
[APPLAUSE]
See, I know that because the gentleman from Medford and I really see eye to eye, and I resemble that remark as well.
While Peter's size could be imposing, he was anything but. Because it was never about Peter. It was about his family. It was about his constituents, his colleagues, doing what he could do to help and quietly doing his job the best way he could.
The gentleman from Northampton was never one seeking out press releases. He never sought the spotlight or taking credit. When you went to an event and you looked for Peter, he wasn't at center stage but really is more comfortable off to the side. It was just about getting the job done and making things better for everyone.
Now, I wish I had a nickel for every time the court officers asked us to take our seats or the Speaker banged his gavel to ask us to take our conversations outside. But in my 15 years here, every time that happened, Peter was already sitting stoically in his seat, paying attention.
Now, as an aside, those of you who attended Peter's funeral-- and by the way, I've talked to some of our colleagues who have been here for many, many more years than I have. And said they had never seen such a large turnout of current and former colleagues than were there at Peter's funeral. The Speaker and I were talking on the phone Monday and remarked on the fact that if you were in the church, you actually saw people standing against the walls. And it was a testimony to Peter.
So those of you who attended the funeral will remember this. And those of you who didn't, I think you might appreciate it.
Pat Goggins talked about his conversation with Peter regarding hunting and ice fishing, two of the things that Peter enjoy doing. And Pat said he asked Peter, when you go ice fishing, what do you do? And Peter said, well, I sit there and I wait for the fish to come. When you go deer hunting, what do you do? Well, I sit there and I wait for the deer to come. See, the reality that Pat didn't know is that Peter has practiced those skills for 16 years, sitting in his seat in the second division on Wednesdays waiting for something to happen.
[LAUGHTER]
And now, let the truth be told. Peter was a good fisherman, but his track record at deer hunting was pretty dismal.
Diana Szynal, his longtime aide, told me this story the other day. She called Peter one time. And Peter answered the phone and goes, hello? And she says, where are you? Are you deer hunting? Yes.
So the next day, did you catch any? Did you get a deer? No. So after a while, she felt sympathy so had never asked Peter any more whether he got a deer.
Peter actually told me this one story, one of the last time-- I think it was last season he went deer hunting. So just imagine, here is Peter Kocot standing there dressed head to toe in orange. Imagine a bright orange giant Sequoia tree that's just standing there.
And Peter is there, waiting for the opportunity. And Bambi comes walking up to Peter. And here's this doe who's walking up to Peter. And Peter's going, sh, go away, go away, trying to get rid of the deer. The closest Peter came to the deer was when the deer came to him. I believe that what happened is when deer hunting season started, those deer saw this giant Sequoia in orange, and said, oh, here's that guy again, let's go to the other side of the forest and he'll never catch us.
Working with Peter for 15 plus years was both a learning experience for me and a privilege. When he was given an assignment or a constituent issue to solve, Peter totally immersed himself in doing the research and getting the answer. That's why the Speaker appointed him to the Ethics Commission when we were doing ethics reform. That's why Peter cheered state administration when we were addressing public records reform. And that's why he named him chair of health care finance to do the health care reform.
I was talking to the vice chair, the gentleman from Franklin, yesterday. And he said when Peter got assigned the chairmanship mid-term, as the former chair went to ways and means, it's now the first hearing of health care finance. And gentleman from Franklin's sitting next to Peter, has complicated issues. And Peter's just firing away with questions.
And gentleman from Franklin looked and said, you just got on this committee. How did you do that? Peter said, well, I did a little reading over the weekend. And that's who Peter was.
We had a meeting in our district a couple of weeks ago with hospital presidents, several hospital presidents. And everyone, to a person, came up to me and said how much they're going to miss Peter and how impressed they were. They thought they were going to educate this man in the first meeting and realized he already knew everything he needed to know. And that's why I want to applaud you for the decision you made to name this bill after him. It is certainly an honor that's well-deserved.
Peter was always the man with the hard data, with the facts and figures. But because he was always prepared, he had the answers to the questions. Sometimes he would ask the question even if he knew an answer.
I was at a meeting one time with the gentleman from Worthington, gentlelady from Amherst, our former colleague, our senator. And we were at this meeting, and Peter asked a question to a group of people, one individual in particular we were meeting with. And when he got the answer, he looked at Peter and he had this little twinkle in his eye. And you'd see the corner of his mouth go up in this almost imperceptible smile. That meant somebody wasn't telling the whole truth, the whole story, or they didn't get their facts straight. And at the end of the meeting, Peter would tell us exactly what was going on.
One thing Peter took his extreme pride in was his Polish heritage and the contribution made by Polish Americans both in this Commonwealth and across the country. Peter filed a piece of legislation to create a special commission to preserve Polish culture in the Pioneer Valley. And I had the pleasure, thanks to the Speaker, of serving on that commission with Peter and with the gentleman from Palmer and a couple of members in the Senate as well. We're close to wrapping up our work. And that report will be dedicated to Peter as well.
Several years ago now-- I'm close to concluding. Several years ago, Peter, the gentleman from Worthington, and I, were honored to receive awards in the Mass Municipal Association as legislators of the year. Because all three of us are Polish, they referred to us as the three Polish amigos. Some people thought that they used the word amigos because no one knew the Polish word for friend. The Polish word is [POLISH], but we prefer the three amigos. And that label stuck, and it still sticks.
The best way for me to end is to think back to the Mass Municipal Association. I ran into Jeff Beckwith, the executive director, earlier this week. And I hadn't realized but in their March issue, his column was dedicated to Peter. And these are some of the things he wrote.
"Physically, Peter Kocot was larger than life, a gentle giant who always exuded kindness and thoughtfulness and decency. His nature was always to be himself-- no varnish, no guardedness, always authentic, always down to earth, always within himself.
Being elected to the legislature did not change him. His calling was public service. His desire was to do what was right and to do what would help people.
Peter Kocot exemplified our best instincts and our best natures, the very qualities that inspire so many people to devote their careers to public service. I am not singling out Peter as being a better legislator or neighbor or friend or father than all the rest of us. I don't know how to make that judgment, Jeff wrote. "But I can say that he strove to do what he thought was right and best for people to improve our quality of life and to make a positive difference. For Peter, his legacy will last because he treated people with respect, because he valued everyone's input, because he used his intellect and judgment to do what he thought was right and the best thing to do.
I think Jeff got it right. And so the only way I can conclude is to say, adios amigo. Thank you.
[APPLAUSE]
Chair would also like to acknowledge the staff of Peter Kocot, who's here in the balcony here-- Matt, Carolyn, Denise, Jim, Tim, Diana, and [? Dodi, ?] who are here somewhere.
[APPLAUSE]
Chair would like to recognize the gentleman from Worthington, Mr. Kulik.
Thank you, Mr. Speaker and through you to the members, all of whom are friends and admirers of our late colleague, Peter Kocot.
Those of us at Peter's funeral in Northampton heard three eloquent eulogies that painted a full picture of a very unique and very talented man. Mr. Speaker, you spoke of Peter Kocot's skill as a legislator, which he always practiced with great intelligence, compassion, and humility. We heard from Peter's friend Patrick Goggins whose great stories about Peter's skills and adventures as an outdoorsman who enjoyed hunting and fishing helped lighten the mood and reminded us of Peter's self-effacing sense of humor and his love of nature and the outdoors. And we heard strong, loving, and remarkable words from Peter's sons Jake and Luke about their father and the man who was a constant presence, a source of inspiration, support, and fun, for his family and friends.
Today, we stand in this House chamber and remember Peter Kocot in this place where he loved to work on behalf of the people who supported him and sent him here to be their voice. It is hard to look over at his empty seat near the back of the second division and realize that he has left us. I have to say it's so wonderful to see Shauneen in that seat here today.
Whenever we were in session, that is where he was. He was not one to wander around the chamber, preferring to be at his desk, paying attention to what was going on or doing committee or constituent work and welcoming those of us who stopped to talk to him.
And talking to Peter was always a highlight of any day for me. And I know it was for many of us. It might have been a conversation about details of legislation in his committee. Or it might have been a talk about political developments in Western Massachusetts or here at the State House. Or might have been a free-flowing conversation about family, the weather, food, cooking, restaurants, lacrosse, football, baseball, fishing, his vegetable garden, or his favorite recipes.
Recipes-- Peter was a foodie long before that term became popular. I think that was closely connected with his respect and love for agriculture and the people who farmed in the fertile Connecticut River bottomland in his district. He loved talking with farmers about the work they do and was always talking about ways that he could help them through state programs and policies. And he supported strongly programs like the Buy Local program, the Senior FarmShares, and the Agricultural Preservation Restriction program. He was a true champion of that.
And of course, there was Peter's strong and consistent leadership every single year in the state budget for the Massachusetts Emergency Food Assistance Program, MEFAP. Peter always was the lead sponsor of this amendment to increase MEFAP funding. And it has always been one of the most popular, heavily co-sponsored, and successful budget amendments that we see every year. Peter loved this program. And I think it was because he combined his interest in two things that were important to him-- supporting farmers in our agricultural economy and providing food to people in need who might otherwise go hungry.
MEFAP is a program that was a personal priority for Peter and is a great example of his compassion and caring commitment for people in need. This part of him also extended to a wide range of human services, especially programs that address homelessness, people with disabilities, senior citizens, veterans, and women's health. He was a big man with a huge heart. And he always used his position and his influence to help others.
Being from adjoining legislative districts, Peter and I and other members of the area delegation attended many, many meetings and forums with local officials, advocates, service providers, and citizens, to talk about a wide range of issues and challenges. Same as we all do in our districts. It was in these gatherings that I saw a different part of Peter, that he was a great teacher and educator. He was born to do that.
In countless meetings where the rest of us would just show up to listen or speak, Peter would arrive with handouts of information, resources about the subject at hand. He was an information junkie who did his homework in advance of meetings so that he would have detailed and relevant information that he could present and leave with people. This could be on subjects as wide ranging as tax policy or climate change, education funding, or health care. I feel like he never left a meeting unless he had contributed some new knowledge or insights into the conversation.
He was a policy wonk who never wore that term on his sleeve. And he never tried to be the smartest guy in the room. But the truth is, he usually was the smartest guy in the room. He was certainly always the best prepared person and any meeting on any subject that I ever attended with him.
But he was so humble and unassuming in his nature that this was seldom obvious and was never overbearing. This was a part of his leadership skill, a characteristic that could bring people of different viewpoints together and form and engage them and reach consensus on the matters at hand.
I saw him do this so skillfully when I had the privilege of working with him on public records reform, one of his most singular achievements in this legislature, a subject so complicated and divisive that it had not been touched for over 30 years. But the Speaker assigned Peter to figure it out and get it done. And I watched him artfully, thoroughly, and responsibly weave his way through all of the minefields and engage disparate stakeholders to emerge with a bill that was a huge improvement over the status quo. It won widespread praise for increasing transparency and accountability in government, while also balancing the concerns of local government.
He did the same thing years earlier with much needed ethics reform. And he was well on his way to doing the same thing with critically important health care reform legislation at the time of his passing. And Mr. Speaker, I am just so pleased at your announcement today that that bill will bear his name. What a fitting and long-lasting tribute to him.
Peter Kocot was truly a great legislator who has left his mark on all of us and on the quality of life in the Commonwealth. He genuinely liked his work. And he believed he was lucky to be doing it. His love for the communities and the people he served and the issues that he got to work on was obvious.
Even more obvious, and most importantly, was Peter's complete and total love for his family. He always seemed to be at his most enthusiastic when talking about time spent with Shauneen, Luke, and Jake. His siblings, his extended family, and close friends were right there too. He was proud of all of you. He was proud to be a public servant, a member of this House. And we are all better for having known him, worked with him, and loved him.
Peter Kocot cannot be replaced, but his lasting impact will be huge. We can honor his memory by carrying on his priorities, his work ethic, his honesty, his compassion, and his love of life in that work we do here. His life was too short, but he lived it to the fullest. Thank you for everything, Mr. Chairman, and rest in peace.
[APPLAUSE]
I sincerely want to thank the gentlemen from Worthington and South Hadley for their very appropriate remarks. In closing, just once again let me thank all of you for being here today to pay tribute to a very special man.
Although I do have to admit there are a couple of things I did not like about Peter Kocot. First of all, I always hated to take a picture with him. It was very embarrassing. And now I know how the gentleman from Medford always feels.
And secondly, him trying to explain to me how to cook pierogis or whatever, knowing that it was complete impossibility that I would ever learn.
But what I'd like to say to Shauneen, to Jake, to Luke, and to all the family and friends here today, and on behalf of all of the members-- you heard me use the phrase here when someone is asked to come up to speak, "to recognize." In this House, the name Peter V. Kocot will always be recognized and will always be remembered as a true gentleman. Thank you very much. And a true servant of the Commonwealth.
[APPLAUSE]
House will now be in order and will return to the conference committee report. The question is on the substance of the report. The chair recognizes Mr. Rushing of Boston.
Thank you, Mr. Speaker. It was so appropriate and so appreciated that in the chairman of judiciary's opening remarks at the beginning of this debate, she began with reminding us that this is the 50th anniversary of the death of Martin Luther King.
Black and brown communities, certainly the center, but not the only concern of Dr. Martin Luther King, were incredibly disproportionately treated 50 years ago. And a population of black and brown people still are disproportionately treated. And that, of course, is in the area of incarceration, in the processes leading to it, in the conditions of it, and in the processes following it. That fight is far from over. But many of the reforms in this legislation will help reduce racial disparities in incarceration, bringing us one step closer to Dr. King's dream.
We are doing this criminal justice bill because there are injustices in our system. Treating criminals justly makes appropriate punishment more effective. Preparing prisoners for the end of their incarceration makes their re-entry back into our communities more successful, with less recidivism. Throughout this bill, we make reforms to make those things happen.
As you know, Mr. Speaker, a priority concern of mine in all of this legislation of criminal justice reform is that we keep track of what we do. We keep track of what are the effects of these policies on actual individuals and families and on the safety of all our constituents. And for me, that has meant concentrating on reforming the way we collect the data on all the people who are affected by this system.
And so this bill contains strict data collection requirements throughout the system, which include data on recidivism, on programming, and that all of that data creates standardized race and ethnicity reporting. The bill creates specific requirements on that matter in ways that it is also relevant to the experiences of women, and that we form an interagency oversight board, which will ensure the compliance of that collection, and that the data will be made available to the public for research and accountability purposes after being deidentified. So it will be available to the professionals in the system, and to the public, and of course, for any scholars who want to study the results of this work.
So here, too, I'm reminded of a few words written by Martin Luther King. "Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly." And I think that when we pass this bill, we will be able to go to all of our constituents and say that this bill, carried out expeditiously, will positively affect the lives of all of us in this Commonwealth.
Those of you who were alive 50 years ago remember exactly where you were the evening of this day when we learned that Martin Luther King had been assassinated. I hope that going forward, over the next several years and decades, that the members of this legislature will remember that on the 50th anniversary of that horrible act, they voted to reform criminal justice in this state. Thank you very much, Mr. Speaker.
[APPLAUSE]
Question comes on acceptance of the committee report. The chair recognizes Mr. Carvahlo of Boston.
Ms. Malia of Boston asks to be recorded on the previous roll call. Chair objection. The chair hears none.
On a roll call number 319, Elizabeth Malia yes.
Chair recognize Mr. Carvahlo of Boston.
Mr. Speaker, good afternoon, and through you to the members. For me, I want to say first and foremost, thank you. Thank you for your leadership. In fact, I remember in caucus late last year in the fall when we were discussing doing criminal justice bill and I stood up and said, when? I'm not sure if you remember. When are we going to do it? So it is an honor to stand today to carry out and ask all the members to join me in voting for this bill.
As a young man, who grow up-- immigrant young man who grew up in Dorchester and still have friends and family that have cycled through the criminal justice system, in and out of prison, and as a former prosecutor who saw the cycle, again, of the same people cycling through the system, and to know that today I raise a young, three-year-old daughter in Dorchester in the midst of violence, in the midst of a community that has been reported that essentially every other household has been searched by Suffolk County jails, it is concerning.
So for me, it's a proud day to be here as a state rep to, in fact, do what many have mentioned about Peter Kocot, which is to change lives, which is to care and make people's lives better. So again, for me, today is-- in the short stint that I've been a state rep, I've been a proud member of this body. But no day has been prouder than a day like today where we are getting things done that will change lives of people throughout our communities from today beyond.
So again, I want to ask all the members to take a close look. Today's an historic moment, as we talked about earlier. Many have mentioned the fact that-- in fact, earlier the Black and Latino Caucus was involved in a ceremony to remember the life of Dr. King. And I, as a student of Dr. King-- in fact I had a class at UMass Amherst that was called Malcolm and Martin. So I know what Martin Luther King stood for. And I can tell you that he stood for, if nothing else, progress-- progress for people, advancement of people. And today, that's what this bill is about. So he makes it a unique day, again, to celebrate 50 years anniversary of the assassination of this great man, but for us as a body to move the ball forward, to make his dream come true, which is to advance people, to advance Americans, and to advance our neighborhoods.
Mr. Speaker, I can tell you I came to this body with this in mind because I have a passion for criminal justice. And I wanted to see this done. And I'm looking at Mr. Leader, I'm looking chairwoman from Broughton, the debates we had-- literally, almost fights that we've had on this issue-- I want to say thank you for your leadership on this. And I'm proud to have worked with you Mr. Chairman of Boston, as well, and all of you that pitched in because this is really an historic moment for all of us.
Words right restorative justice, reducing recidivism, raising the age of criminal responsibility, ending the school-to-prison pipeline, ending mass incarceration, diversion as Mr. Leader just spoke about. In fact, yesterday, I had the pleasure to go to Suffolk County Jail for a hearing for the Boston City Council. And one young man in particular strike me as typical in a system, particularly people dealing with drug addictions. This one man said that, since 1997-- I believe he's about 30 years old now-- he's been in and out of jail, dealing. Every time he gets out, he comes right back in because we don't have programs that allow them to come out of addiction. We've been criminalizing addiction. So this is a step forward for all of us and for individuals like those that are in prison and in jails throughout our Commonwealth today that will reduce their rate of recidivism.
And Mr. Speaker, with one quote, like Mr. Leader, the leader from Boston did earlier, for Martin Luther King, which I think is very fitting on a day like today. He said, "Human progress is neither automatic nor inevitable. Every step toward the goal of justice requires sacrifice, suffering, and struggle. It also requires the tireless exertions and passionate concern of dedicated individuals."
And that's what we all are. That's what the woman from Broughton has been. It's a dedicated individual. It's a dedicated body that we are part of. So I'm proud to stand again before you today to ask you, let's go forward. Progress, right? Progress, progress, progress. Thank you, Mr. Speaker.
Chair recognizes Mr. Whelan of Brewster.
Mr. Speaker, thank you very much and through you to the members. I promise to my colleagues that I'll be mercifully brief. Ladies and gentlemen, I rise in support of Senate bill number 2371. And I hope that this bill is adopted and that it is passed by this body today.
I want to commend the hard work that was put into this bill not only by every member of this body, but particularly to the gentlelady from Easton who invested an awful lot of time working with myself and with Chief Tucker, the gentleman from Salem, as we were dealing with the issues here as it relates to synthetic opioids and fentanyl and carfentanil.
Colleagues, I stood up here in 2015 when we first addressed or tried to address the fentanyl trafficking issue. And it was my maiden speech. And in that maiden speech, I decried the fact that 25% of the opioid-related overdose deaths in Massachusetts-- at that time, 25% were revealing fentanyl in the blood toxicology reports. I predicted at that time that we were going to see a spike just based upon the direction that the market was going and the proliferation of fentanyl on our streets. We have now seen that number double and in some counties it has tripled in percentages to 75% and northward. We are seeing a reduction in the number of overdose deaths not because addiction is going away, but because of the availability of naloxone and the better training and response of our first responders. But this bill-- the elements in this bill, as it deals with fentanyl, carfentanil, and synthetic opioids, will make a dent in the drug trade across the Commonwealth.
Carfentanil, which is newest bad player is 100 times more potent than fentanyl. Fentanyl is 50 times more potent than heroin. 20 micrograms is a lethal dose on carfentanil. It is not-- until we pass this bill, it is not prohibited in Massachusetts. It can be sold on the street in front of a police station.
What has affected my part of the Commonwealth down in Cape Cod and is starting to spread into other places is a new bad drug known as U-47700, or pink death. We're going to be dealing with this and other synthetic opioids by a part of this bill, a section in this bill, that is going to adopt the federal scheduling for any synthetic opioid that is in Schedule I or Schedule II of the US DEA schedule. This is going to be important. This is a critical piece of this legislation that's going to help our law enforcers to stay ahead of the drug trade.
You've heard us refer to it many, many times that this has been a game of whack-a-mole. As we deal with fentanyl, carfentanil pops up. As we deal with carfentanil, U-47700 pops up.
Mr. Speaker.
[INAUDIBLE] gentlemen rise.
Having trouble hearing.
Gentlemen is having trouble hearing the speaker at the rostrum. Would the members please subdue their conversations, take their seats, and pay attention to the gentlemen at the podium? Chair recognizes Mr. Whelan of Brewster.
Thank you, Mr. Speaker.
And this bill will address the rise of synthetic opioids and give our police officers across the Commonwealth the tools that they need to keep our communities safe. And it will also hold accountable those people who are profiting off the death and the misery that they are showing upon a very vulnerable population that we as legislators are responsible to protect.
As an example, and in closing, Mr. Speaker, I'm going to give you an example that happened in Marstons Mills in December of 2017. COMM fire department was dispatched to a report of an overdose in Marstons Mills where they found an adult male. He was in overdose. They dispensed Narcan to bring him back to life.
They located in his possession 220 grams of fentanyl. They located in his possession 92 grams of U-47700, the synthetic opioid from China I referenced earlier. He was charged with possession of Class B controlled substance with intent to distribute because of the gap that we are fixing now in our fentanyl trafficking laws and the gap as it relates to synthetic opioids as they pop up and arise on our streets.
So ladies and gentlemen, I ask that you please join me in supporting this bill. There are many, many important things in here. And I've gone through this bill several times, cover to cover. This bill is going to save lives. Thank you, Mr. Speaker.
[APPLAUSE]
Chair recognizes Miss Keefe of Worcester.
Thank you, Mr. Speaker, for this opportunity to speak through you to the members today. I rise in support of the conference report that is before us. I think we've all heard about how this is so important to the Commonwealth, but I rise today because this is particularly important to the people of Worcester that I represent.
I'd like to start by thanking you, Mr. Speaker, for your leadership, your patience in listening and learning during the CSG process and throughout this session. Your steadfast commitment to passing comprehensive criminal justice reform is why we are here today.
The Council of State Government's process helped identify areas where we could improve and highlighted several potential reforms which laid the groundwork for many issues contained in this bill. A special thanks and appreciation to the gentleman from Milford, Representative John Fernandes, and the gentleman from Dartmouth, Representative Christopher Markey, for the work and time that they dedicated to the CSG process.
To the gentlelady from Easton and House chair of the Judiciary Committee, a sincere and big thanks for the job you did ushering this bill to the chamber today. If I can speak for the membership here and now, thank you for your style and your grace, your willingness to be accessible and listen to any and all of the members, to discuss our priorities and our concerns. This really exemplifies your commitment to inclusion and participation of all our members.
To the conference committee and the House conferees, the gentleman from Quincy, Leader Ron Mariano, Chairwoman Cronin, and gentlelady from Groton, Sheila Harrington, thank you for the long nights and weekends you devoted to crafting this bill. I also want to thank all of our members who have taken the time to learn about and fight for these important issues by holding and attending harm reduction drug reform briefings, visiting jails and prisons, and talking to your constituents about how these reforms would improve their lives. I think you've heard from many here today about the merits of this bill and so I'm going to hold those remarks.
I'd like to especially recognize some people from my own city that came down here to have an impact. And as a representative home in Worcester, a lot of times people will say, what's the most important part of your job? And I believe it is that we have a duty to tell and share with people just how government can impact their lives, but also to encourage how their lives can-- our lives can impact government. So it's a two-way street.
Chair apologizes to the lady at the podium. [INAUDIBLE] Once again, the chair will respectfully ask the members to subdue their conversation and pay attention to the gentlelady at the rostrum.
Thank you.
Chair recognizes Miss Keefe of Worcester.
So for those people that came down to participate here in hearings and gave testimony, for those people that actually stepped out of the shadow of shame, I would like to thank them for having an impact on what we're about to accomplish. I want to thank Cassandra Bensahih, who has fought tirelessly for years to see these reforms on CORI laws and solitary confinement come to light. Cassandra filed to seal her CORI the day after this bill was released.
I'd like to thank Ozzie Ruiz. And I want him to know that he has been an important part of the reform called medical parole. After he came to the State House to tell his story about his brother who was never a violent offender and suffered a major stroke while in prison. He ended up in Shaddock hospital being watched by two guards 24/7 instead of being able to be with his family and die at home.
Now, within this bill, we have medical parole, compassionate release. I hope that we can see more people like Ozzie's brother being able to take advantage of this.
I'd like to thank my neighbor James who came to the judiciary hearing to testify against fine time, the practice of incarcerating people solely for their inability to pay fines and fees. James should be proud that his story helped bring reforms aimed at ending criminalization of poverty so others won't go through an experience like his, of being unjustly thrown in jail solely for the inability to pay.
I'd also like to recognize MassINC for the tremendous research they have done over the years which has informed policy debate here in the legislature as well as to help educate the public on the realities of our correctional system and how we can improve it.
Finally, I would like to thank staff for all the hard work of breaking this bill down every step along the way.
If adopted, I am confident that this bill will increase public safety, strengthen our communities, and create a more just criminal justice system for everybody. We should all be really proud of the work we are doing here today. Thank you very much for this opportunity.
Chair recognizes Mr. Frost of Auburn.
Thank you, Mr. Speaker and through you to the members of this House. I rise in support of this conference committee report. And I also wish to thank the members of the conference committee for all their hard work and their perseverance to put this legislation before us today.
I'd like to address something that hasn't been touched on yet. And that's a piece of wording in this legislation that I think is very important for our men and women in blue.
As you all know, I'm from Auburn. And on May 22, 2016, one of our Auburn police officers was shot and killed on a routine traffic stop on a side road in the town of Auburn on Rochdale Street, the very street I live on. And it, as it would any community, it shook that community. It shook Auburn. Officer Ron Tarentino, Jr., was assassinated that night by an individual who had previous run-ins with the law but they were all treated as misdemeanors, even after some of these incidences resulted in assault and battery on police officers and he had shown that he was a danger not only to the general public but to police officers themselves.
Soon afterwards, I would hear from Auburn police officers and those who used to serve with in Leicester, where he lived. It was a cry. How come it's OK for people to attack us, but yet it's a felony if someone attacks a firefighter in their line of duty, or a police dog in the line of duty? That those can be considered felony charges but to do so on a police officer is no more than a misdemeanor-- what message does that send when we're out in the streets?
And so we filed legislation-- myself, the lady from Leicester, the gentleman from Brewster. The governor and lieutenant governor also filed similar legislation soon afterwards to try not only to raise awareness of this issue but to see something done. And I'm happy that through the process of this bill, here in the House and in the Senate, we were able to put language in to make assault and battery with serious bodily injury on a police officer a felony charge.
It's a long time coming, but I believe it's important that we send a message to our men and women in blue that we're with them, that we appreciate their service to our Commonwealth, to our communities, to our neighborhoods, that they're there to keep us safe, and they don't have a right to be punching bags. They don't have a right to be beaten up. They don't have a right to be attacked. And they certainly do not have a right to be killed.
And to be clear, this legislation, the way it's worded, does not talk about somebody shoving a police officer because they're drunk and they're being removed from a bar or something, or interfering with someone in a protest and the person is trying to slip away. It won't be affecting those at all. But this will be making it a felony charge, and potentially felony conviction if found guilty, if someone viciously and openly attacks a police officer while they're in the line of duty.
I want to thank you, Mr. Speaker. I want to thank the governor. And I want to thank all the members of this House for making this a reality, for moving this forward, and putting this into the general laws. On behalf of myself, on behalf of the Tarentino family, behalf of the Auburn Police Department and the Leicester Police Department, and all police officers across this country and across the state, thank you, God bless, and may the conference committee pass.
Recognizes Miss Khan of Newton.
Thank you, Mr. Speaker. I rise in support of Senate 2371 on acceptance of the conference committee report. And I especially want to thank you, Mr. Speaker, for your leadership, your commitment to this legislation, to this criminal justice reform movement in the House and Senate.
I want to thank Leader Mariano. I want to thank Chair Cronin for her interest in hearing from so many of the members. I want to thank the entire conference committee, including the gentlelady from Groton, Sheila Harrington, the chair of ways and means, Chair Sanchez, and many of my colleagues. I want to thank Representative Decker, Representative Dykema, Representative Barber, several of the members that I worked with on some of my interest in the legislation.
So an act relative to criminal justice reform, this bill is the culmination of years of research, discussions, presentations, a multitude of conferences, work by the Criminal Justice Commissions, the Harm Reduction Caucus, the Joint Committee on the Judiciary, Chairs Cronin and Brownsberger; for the hard work of so many staff, including my own staff, and many, many advocates who also worked diligently to get to the place that we are in today.
Criminal justice reform has been a priority of mine since my earliest days as a legislator. And this bill is a giant leap forward in better understanding the ways we provide effective services-- or we can provide effective services and programs and assist individuals who come into contact with our justice system. With this bill, the Commonwealth is committed to giving justice-involved individuals the opportunity for a fresh start and to reintegrate successfully into our communities and become productive citizens and ultimately to protect the citizens of the Commonwealth.
I am proud that Senate 2371 includes so many important measures that will affect juveniles-- the expungement of criminal records for non-serious crimes committed by juveniles and young adults before the age of 21. When state criminal records are sealed or expunged, national fingerprint records are also sealed and expunged. This bill will accelerate the sealing of records.
It raises the lower age of juvenile jurisdiction from age 7 to 12. It bans solitary confinement for juveniles. It provides an almost complete ban on shackling for juveniles in the justice system. It protects parent-child confidentiality by ensuring that parents and children are not forced to testify against one another in court. And it decriminalizes minor offenses of juveniles, including disrupting school assemblies and disorderly conduct.
It creates a task force on trauma-informed juvenile care and creates a juvenile justice policy and data board to gather and consolidate information about justice-involved youth. These and many other pieces of the legislation will give young people a second chance.
The bill also includes a priority of the Caucus of Women Legislators' Task Force on Justice-Involved Women. It creates a panel to study the impact of the reform bill and other laws on the lives of justice-involved women and their children to better protect women in the criminal justice system by making recommendations on gender-responsive and trauma-informed approaches to address the pretrial, incarceration, and rehabilitation needs of justice-involved women.
Again, I want to thank Mr. Speaker, the Senate President, all of the leadership, the chairs of the Joint Committee on Judiciary, and all of my colleagues, as well as the advocates who have worked so diligently on these issues and more. So hope when a vote is taken, it will be taken by a call of the yeas and nays. Thank you.
Chair recognizes Mr. Lyons of Andover.
Thank you, Mr. Speaker. And I also want to thank all of the members of the House for all of their efforts in putting this bill forward. What they had to start with on the Senate side, as everyone knows, was certainly different than what we came up with on the House side.
And I appreciate all the comments and the passion today. But as you sometimes realize, I have a different perspective on things. And I think it's real important to look at data. That's what everyone seems to be talking about-- data.
So there is some data about what we're doing today from Colorado. And it says, from a report in November of 2017, prosecutors are pointing to the rise in felony filings as a cause for caution. Several said they fear that the legislature sent the wrong signal in 2013 when it created more leniency in drug sentencing. Felony criminal filings since 2013 across Colorado have increased by nearly 50%. Data.
There are several parts of this bill that I find particularly troubling. The threshold for larceny is being increased from $250 to $1,250. And one of the arguments that I've heard and read is that we haven't changed it since 1980. We haven't changed it since 1980.
So what kind of metric did we come up with? $1,250 sounds good? Well, I came up with a metric. How about the household medium income in Massachusetts since the 1980s? It increased by 47%. So if we use that metric, it would increase it from $250 to roughly $375.
The problem when you increase the threshold is that sometimes that hurts retailers. A report by the Retailers Association of Massachusetts says, professional criminals operating in regions states with higher threshold amounts become more attractive targets. So what we're doing is we're saying to retailers in Massachusetts, $250 isn't enough, but $1,250 is OK. I don't know why we came up to that number, but that's the number that we're relying on.
That is a 380% increase over the current threshold. 380%. I don't know what metric they use, but that's what it is.
Reducing mandatory minimums-- I've heard this bill by the chairman of the Senate committee say that this is about lifting up, not locking up. Lifting up, not locking up. And I say that's the wrong message at the wrong time. Every single person in this chamber is aware of the opiate epidemic. Everyone has been touched by it. And we heard earlier today that from 2015 to now, fentanyl has increased from 23% of the deaths to 83% of the deaths here in Massachusetts.
A little known fact is that cocaine has now become a serious problem about deaths in Massachusetts. Fentanyl-laced cocaine is becoming a deadly problem among drug users. It is not clear of the nearly 2,000 estimated deaths listed as opiate overdoses last year in Massachusetts represent people who thought they were doing cocaine. The state does not register drug combinations found in most bodies after an overdose. However, Connecticut does. The number of deaths involving cocaine and fentanyl together has increased by 420% in the past three years.
The message is the wrong message at the wrong time. We should not be taking one step backwards in our enforcement against drug traffickers.
Section 91 of this particular bill is confusing to me. Section 91 says a prisoner of a correctional institution, jail, or house of correction that has gender identity as defined in chapter 4 that differs from a person's assigned at birth, with or without a diagnosis of gender dysphoria or any other physical or mental diagnosis, shall be addressed in a manner consistent with the gender identity, provided with access to commissary, clothing program-- so basically what we're saying in that particular section is that whatever gender someone identifies as, they can have that person of the same gender be responsible in this particular chapter.
Now, I want you to know that there are 71 genders out there. 71 genders. Does this bill account for the 71 genders that are out there? I don't know.
Let's get to the fentanyl aspect of this bill. We heard the gentleman from Barnstable get up and say that this bill is going to dramatically decrease the number of fentanyl-related deaths in Massachusetts. And that could have simply been done with one standalone piece of legislation. But for some reason-- for some reason, we have decided to leverage that legislation to put together a comprehensive piece of legislation here that everyone now feels really comfortable about.
Well, let's take a look at the cost of that legislation. The date that we were talking about was 2015. 2,000 people a year have died from fentanyl-related overdoses since 2015. Why? Because this legislature decided not to act-- not to act with data that showed us that that was happening.
Mr. Speaker, the optics of what is going on on Beacon Hill are not very good, particularly in this current environment. Just take a look at what's going on in the Senate. Just take a look at what's going on in the Senate. These are the people that drafted the original legislation. And for some reason, we decided-- or the Senate decided, or the House decided-- not to bring forward a piece of legislation that, standing alone, could have simply solved and given our law enforcement officers the tools that they need.
That optic, to me, is an outrage. It's an absolute outrage that we have not taken action on a standalone piece of legislation that would address the opiate epidemic.
I have sat with heroin addicts. I've sat and talked to them. And I've asked them-- this goes back a couple of years-- what is the number one thing that we can do? And the number one thing that we can do is to arrest and punish the drug traffickers.
I think to use legislation like this as leverage is simply wrong. We could solve and give our law enforcement officers Section 45 in this bill, which says, as the gentleman from Barnstable talked about, Class A of Section 31, chapter 94(c) of the general laws as appearing and is hereby amended. And it lists those drugs.
Simple legislation-- standalone-- but that didn't happen in this House. It's the optics. It's the optics. And I think the optics of what was done, with all due respect to my colleagues, is terrible. Thank you very much, Mr. Speaker.
House will be in a brief recess.
House will be in order. Mr. Mariano of Quincy doubts the present for quorum. Chair can ascertain that quorum is not present. Court officers, summon the members. Indicate a quorum roll call is now in progress.
Have all members voted wish to do so?
Have all members voted? Have all members--
Mr. Mariano of Quincy asks unanimous consent to withdraw his request for a quorum roll call. The chair hears objections. The chair hears none. House will be in a brief recess.
Members are asked to please take their seats and subdue you conversations.
Court officers are asked to please clear the aisles.
The chair recognizes Mr. Ultrino of Malden. Again, members are please asked to take their seats and to subdue your conversations.
The chair recognizes Mr. Ultrino of Malden.
Thank you. Thank you, Mr. Speaker. Through you, Mr. Speaker, to the membership, I'd like to thank you for the opportunity to speak today in support of Senate 2371, an act relative to criminal justice reform.
For over three years, I've had the pleasure of representing the good people of the 33rd Middlesex District, consisting of about 70% of the city of Malden. I'd like to thank you, Mr. Speaker, for your leadership, your advice, your support, and more importantly, your friendship during these last three years as a member of this House. It's truly an honor to be a member of this House, knowing that my most important focus has always been doing what's best for my constituents.
When I began my career in college at Suffolk University, my public speaking professor gave me the best piece of advice. She said, if you want to be successful and have people listen to you, I want you to look in the mirror while writing your speech. That will remind you to keep it short and sweet.
[LAUGHTER]
Mr. Speaker, I'd like to thank the people of the 33rd Middlesex for sending me here. I'd like to especially thank the leader from Medford who I've had the pleasure of knowing for well over 20 years. And he shares part of the city of Malden. He's a true friend-- where is he-- and a mentor.
When I was elected to the house, I became the President of the 189th House. The members always asked me how come I got along so well with the leader. I didn't tell them I've known him for many years. But I said to them, as long as you believe him when he tells you he's six feet tall and he's 45 years old, he'll get along with anyone, including Republicans.
I'd also like to thank the chairman from Melrose who I also share the city with. He's intelligent and thoughtful. Just please don't give him a microphone and ask him to say any jokes. You'll be there for over an hour.
I'd like to think the leader from Quincy who I really respect in getting to know him. I enjoy his direct and [? no-bull ?] advice. And the chairman of ways and means, who was the chairman I met when I was assigned to health care finance, thank you for always lending an ear and an open door. I'd like to thank my legislative aide who has been with me from day one. I'm not sure why. He works hard and I'm fortunate to have him. Now, I have to be nicer to him since he's moved into the district and registered to vote.
And finally, I'd like to thank my family who couldn't be here today. I would not be the person I am today without them. My parents worked very hard to have opportunities for my brother and I that they couldn't. My ancestors, like many of yours, came to this country to work in factories, on fishing boats, digging holes and filling potholes.
Many of them, including my father, fought for this country and could never be so proud of their service. Unfortunately, he passed away 30 days before he got his honorable discharge after being a Vietnam veteran and being 27 years in the Army Reserve. He didn't get a chance to see me on the school committee or the city council or state rep, but I know he's pretty proud.
Mr. Speaker, I, like many of you, was the first person in my immediate family who graduated from college, not once but four times until I earned my doctorate degree in 2011. My mother will still call me and say, you went back to school because you continued to get gifts at graduation time. Even though my doctorate degree is in education, my 91-year-old grandmother who passed away a few years ago would still call me and tell me about all her aches and pains. I tried to tell her I wasn't a medical doctor, but her pride wouldn't let that sink in. So finally, I gave up and I said just take some aspirin, say the rosary twice, and you should be just fine.
Mr. Speaker, I chose to speak on this piece of legislation today because I come to this house with a background from being a high school teacher, an elementary school principal, and a director of education at the Middlesex Sheriff's Office Correctional Facility. I worked with students who were three years old all the way up to 80 years old, students who came from a wealthy family and a poor family, students I now have met that are surgeons, and students who have been victims of addiction and continue to be housed in Billerica. I understand the need to reform our criminal justice system and how members of society can, through rehabilitation, stay out of our system and be contributing individuals in our society.
This bill makes many changes that you've heard about today, whether it's mandatory minimums, protections for incarcerated people with bail reform, those that are pregnant, LGBT, or disabled. It also-- we've become leaders in our community, referring those to community corrections, which I have seen firsthand, Mr. Speaker, work at the Lowell Center. Diversion programs for veterans and people with mental illness will help our offenders get out of prison and stay out of prison.
Similarly, Mr. Speaker, this bill makes major advances in restorative justice. And finally, Mr. Speaker, this bill, I believe, gives us the tools we need as policymakers to continue to adapt and adjust our system by establishing a uniform data collection program across the entire state. As told, this bill is an incredible step for justice for everyone in this great Commonwealth.
And I'd be remiss, finally, to forget on this 50th anniversary of the assassination of Dr. King that outdated criminal justice policies across the country disproportionately harm people of color and of economic backgrounds. We can be proud today that this legislation will help to slowly undo those wrongs.
Mr. Speaker, thank you again, and thank you to my members here in the House for all of your support throughout these last few years. It is truly an honor to serve with you. And may God bless you and your families in the Commonwealth. Thank you.
[APPLAUSE]
Members are please asked to take their seats, subdue their conversations.
Could all members please take their seats and subdue their conversations? The chair recognizes Miss Tyler of Boston.
Court officers are asked to please clear the aisles. Again, members are please asked to take their seats and subdue their conversations.
Miss Tyler of Boston. Thank you, Mr. Speaker, and through you to the members. I rise in support of the criminal justice conference report before us. I liked to think some very important people before I begin my maiden speech to address this great and general court.
Mr. Speaker, I remember our first conversation was about how important it was for me to contribute through my role as a newly elected state representative to provide feedback and help shape the direction of the House as we work to change the lives of families who continue to be affected by the criminal justice system. I appreciate your open doors and your invitations and to allow for me to continue that discussion. So thank you and your entire leadership team and staff for not only recognizing this alarming disparity, yet more importantly taking action upon this critical matter.
Next, I'd like to thank my family for their love and continued support and for being there for me no matter what. That includes the entire Tyler family-- my mother, Jennifer--
[APPLAUSE]
My five brothers, one who is here with me today; my grandmothers; my three aunts, one of which who is here with me today, Lynette, a retired Boston police officer; my beautiful daughter [? Kaylin; ?] all my cousins, nieces, and nephews, all who I love dearly. I'd like to thank my extended family, my staff, my legislative aide James, and two very thoughtful leaders on criminal justice reform-- sorry-- and two very thoughtful leaders on the criminal justice reform front in my local neighborhood of Roxbury, Frank [? Fero ?] and Rufus [INAUDIBLE].
I have the great honor to represent the Seventh Suffolk District, so I will continue to thank my constituents and supporters whose struggles and advocacy inspires me to continue to lead. Because of your advocacy in groups like Jobs Not Jails and the powerful youth advocates, we are able to make some changes to the reduction of the criminalization of poverty.
I'd next like to thank the entire Boston delegation for exemplifying everyday what it means to be Boston Strong. I would like to thank the Black and Latino Caucus for working to ensure that our collective voices are heard throughout the State House.
I'd like to give a very special thank you to the conference committee, including the gentlelady from Easton, the gentleman from Quincy, the gentleman from Belmont, the gentlelady from Newton, the gentlelady from Groton, and the gentleman from Gloucester, for their tireless leadership. Your efforts are truly appreciated.
I stand before you today on the 50th anniversary of Reverend Dr. Martin Luther King Jr's assassination, yet let us not forget his accomplishments and commitment to service through giving power to the powerless and the voice to the voiceless. I am grateful for the sacrifice of Dr. King and the opportunity to carry on his dream by fighting for justice and equality to ensure that our youth have the opportunity to reach their fullest potential.
I also stand before you today humbled and honored to serve the Seventh Suffolk District, the community I was born and raised in. In fact, my family has been in Roxbury for five generations. My mother and her 10 siblings grew up in Orchard Park housing projects and struggled through the drug epidemic as it hit my community in the '80s. I grew up in the thick of the mass incarceration area in the '90s while my mother single-handedly raised five boys and myself-- the last of the Mohicans, the most special.
As a child, I remember vividly the terrible feeling I would get after visiting my loved ones at MCI Concord because my stomach would always get queasy on the ride home after spending hours in an awkward color room and sitting in hard chairs. That same sickness followed me through adulthood because I remember visiting more loved ones who were consumed by our criminal justice system and getting sick in a car ride through the back country roads through Massachusetts on the way back home in the Roxbury. That sickness is my testament to how I felt witnessing firsthand how the criminal justice system, not only disproportionately impacts my community, yet my own family. As a mass incarceration epidemic hinder the lives of people I love most, my family, among others, were left broken.
We're conditioned to think that time is a natural healer, yet as I became a teenager, the youth violence epidemic began to claim lives through homicides and incarcerations of some of my classmates and peers that I loved as well. It wasn't embedded in me through my family and community that if you focus on education and work hard to make an impact on the lives of people who are at risk and who need you most, you'll be successful. Before you know it, there I was on Northeastern's campus-- go Huskies-- with a full academic scholarship studying criminal justice and law policy in society.
I then entered the professional world as a case manager under the Bureau of Prisons, working to help inmates who were nearing release get employment, housing, and community support. And every time I would get someone on my caseload from Boston, I would always hit a brick wall.
I was also a committed volunteer to the probation department in the Roxbury District Court, yet with the criminal justice system continuing to disproportionately impact some talented and simply great people of my community.
Oftentimes it seems as if resiliency is the expectation in communities like mine, yet that's why I'm even more proud to stand here before you today in solidarity with my colleagues to tell you and the people who vote for us to be in the seats, and especially the ones whose lives have been affected by the criminal justice system, that this bill will provide more opportunities for you to move on with your life and strengthen support for victims.
With this bill, there will be no mandatory minimum sentences for low level drug offenses. With this bill, we will have a solid assessment of exactly what it is that our youth need through the Childhood Trauma Task Force, which recommend gender-responsive and trauma-informed approaches to the treatment of juveniles in the juvenile justice system because we want them to be successful.
With this bill, there is a greater opportunity for youth to access diversion programs. We want them to know that mistakes can be corrected and that we support them throughout the ups and downs of their adolescence.
With this bill, the felony threshold will be increased from $250 dollars to $1,200-- sorry-- for theft. With this bill, judges will now have to consider the role of primary caretakers of dependents before imposing a sentence. All these pieces to the puzzle, amongst many others, show that we do practice good government here in the Commonwealth of Massachusetts. And we will deliver more opportunities for members of our community to feel safe and be healthy.
So to all those organizing for reform, we hope you are pleased this huge step in the right direction. I look forward to continuing to see this bill through and encourage my colleagues to support this bill. I look forward to working with you all as we continue to add to the great work that will continue to be done here in the chamber. Thank you.
[APPLAUSE]
Roll call having been called, a roll call is called forthwith and will remain open for three minutes.
Question comes on accepting the conference committee report.
Have all members voted who wish to do so? Have all members voted?
Have all members voted who wish to do so? Have all members voted?
Time for voting has expired. Clerk will display the tally. There being 148 members in the affirmative, five in the negative, the conference committee report is accepted.
[APPLAUSE]
House will be in order. Paper from the Senate.
The committee conference, under disagreeing votes of the branches, comes from the Senate with the endorsement that it is accepted. The House report of the committee of conference on the House amendment, strike [? on ?] its enacting clause [INAUDIBLE] House document 4043 to the Senate bill relative to criminal justice reform, Senate number 2,200, reporting in part on the residue, a bill relative to the garden of peace Senate number 2372.
Miss Cronin of Easton now moves suspension of the rules. All those in favor, say aye, all those opposed nay. The ayes have it. The rules are suspended.
Question now comes acceptance of the report. All those in favor, say aye, those opposed nay. The ayes have it. The report is accepted.
Paper from the Senate.
The Committee on Bills in the Third Reading reports that the Senate amendment of the House bill implementing the joint recommendations of the Massachusetts criminal justice reform, which was referred to the Committee on Bills in Third Reading to this day-- Committee on Bills in the Third Reading [INAUDIBLE] recommending that the amendment is correctly drawn.
Question now comes on concurrence. All those in favor, say aye, all those opposed nay. The ayes have it. The House concurs.
House will be in a recess.
House will be in order.
Following [INAUDIBLE] bill, having been rightly and truly prepared, is now before the House for final passage. Senate 2372, an act establishing a Garden of Peace Trust Fund. Under the Constitution, a vote is required. Roll call machine will now stay open for three minutes. Court officers, summon the members. Indicate a roll call is in progress.
Chair will inform the members that it anticipates no further roll calls this afternoon.
Have all members voted?
Have all members voted who wish to do so?
No.
Have all members voted?
Have all members voted? Time for voting is expired. The clerk will display the tally. On this matter, 152 members voted in the affirmative, none in the negative. The bill is passed to be enacted.
Following [? gross ?] bill, being rightly and truly prepared, is now before the House for final passage. Senate 2371, an act relative to criminal justice reform. Under the Constitution, a separate vote is required. Those voting in favor will rise. The monitors will return the count.
First division three, second division five, third division three, fourth division six. Those in opposition, first division zero, second division zero, third division zero, fourth division zero in this matter. 17 members having voted in the affirmative, none in the negative, the bill was passed to be enacted. The [INAUDIBLE] is adopted.
The following [? gross ?] bill, having been rightly and truly prepared, is now before the House for final passage. House 4012, an act implementing the joint recommendations of the Massachusetts Criminal Justice Review. Question now is it [INAUDIBLE]. The bill will be enacted. All those in favor, say aye, all those opposed nay. The ayes have it. The bill is passed to be enacted.
House will be in order. Following [? gross ?] bill, having been rightly and truly prepared, is now before the House for final passage. Senate 2071, an act relative to criminal justice reform. Question now is on passage-- will it be enacted? All those in favor, say aye, all those opposed nay. The ayes have it. The bill is passed to be enacted.
Mr. [INAUDIBLE] in the hands of the clerk. Clerk will read the order.
Order that when the House adjourns today, it [INAUDIBLE] tomorrow at 11:00 AM.
Question now is on adoption of the order. All those in favor, say aye, all those opposed nay. The ayes have it. The order was adopted.
Mr. Wong of Saugus now moves that the House stand adjourned. All those in favor, say aye, all those opposed nay. The ayes have it. House stands adjourned to meet tomorrow, Thursday, 11:00 AM in a full, formal session.
[MUSIC PLAYING]