Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1598 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 2693 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1598
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mary S. Keefe
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act providing easier and greater access to record sealing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mary S. Keefe15th Worcester1/16/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Carmine Lawrence Gentile13th Middlesex1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Russell E. Holmes6th Suffolk1/27/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/31/2023Kay Khan11th Middlesex2/1/2023Patricia A. Duffy5th Hampden2/2/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Margaret R. Scarsdale1st Middlesex2/6/2023Michelle M. DuBois10th Plymouth2/7/2023Samantha Montaño15th Suffolk2/13/2023Natalie M. Higgins4th Worcester2/14/2023Christopher J. Worrell5th Suffolk2/14/2023Tram T. Nguyen18th Essex2/15/2023Steven Owens29th Middlesex2/15/2023Bud L. Williams11th Hampden2/22/2023Mike Connolly26th Middlesex3/2/2023 2 of 2
16	16	Tricia Farley-Bouvier2nd Berkshire3/14/2023 1 of 3
17	17	HOUSE DOCKET, NO. 2693 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 1598
19	19	By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 1598) of
20	20	Mary S. Keefe and others relative to the sealing of certain records. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1763 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act providing easier and greater access to record sealing.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 100A of chapter 276 of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by inserting after the words “comply with the request”, in
33	33	3lines 5 and 6, the following words:- , within 90 days of receiving such request,
34	34	4 SECTION 2. Said section 100A of said chapter 276, as so appearing, is hereby further
35	35	5amended by inserting after the third sentence the following sentences:-
36	36	6 Notwithstanding this section or any other general or special law to the contrary, the
37	37	7commissioner shall seal records of criminal court appearances and dispositions in the
38	38	8commonwealth on file with the commissioner that are eligible for sealing under this section
39	39	9within 90 days of the time that they become eligible for sealing after the applicable waiting
40	40	10period if the records are not already sealed. The clerk's office of any division of the trial court, 2 of 3
41	41	11the commissioner of probation, or any other criminal justice agency, upon request of a person
42	42	12whose offense or offenses are sealed, or the person's legal representative, shall provide access to
43	43	13the sealed records to the person or the person's legal representative without said person or legal
44	44	14representative first obtaining a court order or having to unseal the record.
45	45	15 SECTION 3. Section 100B of said chapter 276, as so appearing, is hereby amended by
46	46	16inserting after the words “comply with such request”, in lines 5 and 6, the following words:- ,
47	47	17within 90 days of receiving such request,
48	48	18 SECTION 4. Said section 100B of said chapter 276, as so appearing, is hereby further
49	49	19amended by inserting after the second sentence the following sentence:-
50	50	20 Notwithstanding this section or any general or special law to the contrary, the
51	51	21commissioner shall seal delinquency court appearances and dispositions in the commonwealth
52	52	22on file with the commissioner that are eligible for sealing under this section within 90 days of the
53	53	23time that they become eligible for sealing after the applicable waiting period if the records are
54	54	24not already sealed.
55	55	25 SECTION 5. Said section 100B of said chapter 276, as so appearing, is hereby further
56	56	26amended by adding the following paragraph: -
57	57	27 The words “delinquent” and "delinquency” as used in section 100B shall include any
58	58	28offense in the juvenile court whether or not the juvenile was charged as a youthful offender. The
59	59	29clerk’s office of any division of the trial court, the commissioner of probation, or any other
60	60	30criminal justice agency, upon request of a person whose offense or offenses are sealed, or the
61	61	31person’s legal representative, shall provide access to the sealed records to the person or the 3 of 3
62	62	32person’s legal representative without said person or legal representative first obtaining a court
63	63	33order or having to unseal the record.
64	64	34 SECTION 6. Said chapter 276, as so appearing, is hereby further amended by striking out
65	65	35section 100Q and inserting in place thereof the following section:-
66	66	36 Section 100Q. Unless otherwise provided by law, no person shall make records sealed
67	67	37pursuant to sections 100A, 100B, or 100C or expunged pursuant to sections 100F, 100G, 100H,
68	68	38100K or 100K1/4 available for inspection in any form by any person.
69	69	39 SECTION 7. Notwithstanding any general law or special law to the contrary, as soon as
70	70	40practicable, and not later than 6 months after the effective date of this act, the commissioner of
71	71	41probation shall seal records of: (i) criminal court appearances and dispositions in the
72	72	42commonwealth on file with the commissioner that are eligible for sealing under section 100A of
73	73	43chapter 276 of the General Laws; and (ii) delinquency court appearances and dispositions in the
74	74	44commonwealth on file with the commissioner that are eligible for sealing under section 100B of
75	75	45chapter 276 of the General Laws.
76	76	46 SECTION 8. This act shall take effect upon its passage.