{"AmendmentNumber":"16","ParentBillNumber":"H5305","Bill":null,"Sponsor":{"Id":"E_U1","Name":"Erika Uyterhoeven","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/E_U1","ResponseDate":"2026-03-24T16:52:11.887"},"Category":null,"Action":"Withdrawn","RollCall":[],"Title":"Safe access to courts","Branch":"House","RedraftNumber":null,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Ms. Uyterhoeven of Somerville moves to amend the bill by inserting after section 17 the following section:\r\n\r\n\"SECTION 18. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:\r\n\r\n“Remote participation”, appearance in or observation of a court proceeding by means of simultaneous audio-visual communication technology, including videoconference, or, where audio-visual technology is unavailable to the participant, by telephone or other audio-only means.\r\n\r\n“Participant”, any party, attorney, witness, victim, interpreter, or other person whose presence is requested or required in a court proceeding.\r\n\r\n“Qualifying proceeding”, any proceeding in any department of the trial court, including, but not limited to: (i) arraignments; (ii) bail and pretrial release hearings; (iii) status conferences; (iv) motion hearings; (v) hearings on petitions for protective orders, including abuse prevention orders under chapter 209A and harassment prevention orders under chapter 258E; (vi) civil hearings; (vii) housing court proceedings; (viii) probate and family court proceedings; (ix) juvenile court proceedings; (x) small claims proceedings; and (xi) any other proceeding designated by the chief justice of the trial court; provided, however, that “qualifying proceeding” shall not include: (A) a jury trial or jury-waived trial, unless all parties and the court consent; (B) a proceeding in which a participant has affirmatively invoked a constitutional right to be physically present; or (C) a proceeding in which a statute of the commonwealth specifically and expressly requires in-person appearance.\r\n\r\n24        (b)(1) There shall be a presumption that a request by a participant to appear\r\n25   remotely in a qualifying proceeding shall be granted.\r\n\r\n26        (2) A participant may submit a request for remote participation to the clerk of\r\n27   the court in which the proceeding is scheduled, orally or in writing, at any time\r\n28   before or during the proceeding. A request may also be submitted through the\r\n29   participant’s attorney.\r\n\r\n30        (3) A participant shall not be required to provide a reason for requesting\r\n31   remote participation.\r\n\r\n32        (4) The court may deny a request for remote participation only upon a written\r\n33   or on-the-record finding that: (i) in-person appearance is required by the\r\n34   constitution of the United States or the constitution of the commonwealth for the\r\n35   specific proceeding at issue; (ii) remote participation by the requesting participant\r\n36   would cause substantial prejudice to another party that cannot be mitigated by\r\n37   reasonable accommodations; or (iii) the specific proceeding cannot be conducted\r\n38   effectively by remote means due to its nature, and no reasonable accommodation\r\n39   would permit effective remote participation.\r\n\r\n40        (5) A denial of a request for remote participation shall include a statement of\r\n41   the specific basis for denial under paragraph (4). A general assertion that in-person\r\n42   appearance is preferred, customary, or more appropriate shall not constitute a\r\n43   sufficient basis for denial.\r\n\r\n44        (c)(1) No adverse inference, presumption, or negative consequence of any kind\r\n45   shall be drawn from a participant’s request to appear remotely or from a\r\n46   participant’s remote appearance.\r\n\r\n47        (2) A participant’s decision to appear remotely shall not be considered by any\r\n48   court, party, or attorney as evidence of, or basis for inquiry into, the participant’s\r\n49   immigration or citizenship status, criminal history, flight risk, credibility, or\r\n50   seriousness of engagement with the proceeding.\r\n\r\n51        (3) No bail, bond, or pretrial release determination shall be affected by a\r\n52   participant’s request for or use of remote participation.\r\n\r\n53        (d)(1) Remote participation shall be available by audio-visual means. Where\r\n54   audio-visual technology is unavailable to a participant, the court shall permit\r\n55   participation by telephone or other audio-only means.\r\n\r\n56        (2) The chief justice of the trial court shall maintain and publish a current list\r\n57   of locations, including, but not limited to, public libraries, community centers, and\r\n58   legal aid offices, where participants may access audio-visual technology for remote\r\n59   court participation at no cost.\r\n\r\n60        (3) Each courthouse shall maintain not fewer than 1 designated room equipped\r\n61   for remote participation by participants who are present at the courthouse but wish\r\n62   to appear remotely in a proceeding conducted in another court or session within the\r\n63   trial court.\r\n\r\n64        (4) The trial court shall not charge any fee for remote participation or for the\r\n65   use of technology provided pursuant to this subsection.\r\n\r\n66        (e)(1) Not later than 90 days after the effective date of this section, the chief\r\n67   justice of the trial court shall publish procedures for: (i) the submission and\r\n68   adjudication of requests for remote participation; (ii) the provision of technology\r\n69   access under subsection (d); and (iii) training for court personnel on the\r\n70   administration of remote proceedings.\r\n\r\n71        (2) The right to request remote participation under this section shall take effect\r\n72   upon the effective date of this section and shall not be contingent upon the\r\n73   publication of procedures under paragraph (1).\r\n\r\n74        (f) Annually, not later than January 31, the chief justice of the trial court shall\r\n75   publish a report, and provide the report to the governor, the speaker of the house of\r\n76   representatives, the president of the senate, and the chairs of the joint committee on\r\n77   the judiciary, containing: (i) the total number of requests for remote participation\r\n78   received, broken down by court location and proceeding type; (ii) the number of\r\n79   requests granted; (iii) the number of requests denied, with the basis for denial\r\n80   under paragraph (4) of subsection (b); and (iv) any recommendations for\r\n81   improving access to remote participation. The report shall not include personally\r\n82   identifying information of any participant.\r\n\r\n\r\nSECTION __. Chapter 221D of the General Laws, as inserted by section 5 of\r\n84   this act, is hereby amended by inserting after section 9 the following section:—\r\n\r\n85        Section 10. (a) The right to remote participation established in section 18 of\r\n86   chapter 211B shall apply to all proceedings in any courthouse as defined in section 1\r\n87   of this chapter.\r\n\r\n(b) When a participant has reason to believe that appearing in person at a courthouse would expose the participant to a risk of civil arrest, the presumption favoring remote participation established in subsection (b) of said section 18 of said chapter 211B shall apply with particular force, and the court shall give substantial weight to the risk of civil arrest in evaluating any request for remote participation under this section.\r\n\r\n(c) A participant invoking this section shall not be required to identify the source, nature, or basis of the perceived risk of civil arrest. The court shall not inquire into the participant’s immigration or citizenship status in connection with a request under this section.\r\n\r\n(d) A request for remote participation under this section may be made through the participant’s attorney without disclosure of the participant’s identity to any person other than the court.\r\n\r\nSECTION __. Section 18 of chapter 211B of the General Laws, inserted by section __ of this act, shall take effect upon the effective date of this act.\r\n\r\nSection 10 of chapter 221D of the General Laws, inserted by section __ of this act, shall take effect 90 days after the effective date of this act; provided, however, that the right to request remote participation under said section 18 of said chapter 211B shall not be contingent upon the effective date of said section 10 of said chapter 221D.”.\r\n"}