Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1701 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. 639 FILED ON: 1/15/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1701
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tram T. Nguyen and Christine P. Barber
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 supporting survivors of trafficking and abuse and encouraging increased access to
13	13	opportunities through expungement and/or sealing of records.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/14/2023Christine P. Barber34th Middlesex1/19/2023Margaret R. Scarsdale1st Middlesex1/26/2023James K. Hawkins2nd Bristol1/27/2023Lindsay N. Sabadosa1st Hampshire1/30/2023Vanna Howard17th Middlesex2/1/2023Andres X. Vargas3rd Essex2/2/2023Bud L. Williams11th Hampden2/3/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Michelle M. DuBois10th Plymouth2/7/2023Tackey Chan2nd Norfolk2/9/2023Kay Khan11th Middlesex2/9/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/9/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/9/2023Natalie M. Higgins4th Worcester2/14/2023Colleen M. Garry36th Middlesex2/15/2023Christopher J. Worrell5th Suffolk2/16/2023 2 of 2
17	17	Russell E. Holmes6th Suffolk2/22/2023 1 of 5
18	18	HOUSE DOCKET, NO. 639 FILED ON: 1/15/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 1701
20	20	By Representatives Nguyen of Andover and Barber of Somerville, a petition (accompanied by
21	21	bill, House, No. 1701) of Tram T. Nguyen, Christine P. Barber and others relative to supporting
22	22	survivors of trafficking and abuse and encouraging increased access to opportunities through
23	23	expungement and/or sealing of records. The Judiciary.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act supporting survivors of trafficking and abuse and encouraging increased access to
30	30	opportunities through expungement and/or sealing of records.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 100E of chapter 276 of the General Laws, as so appearing, is
34	34	2hereby amended by adding the definition “victim of act(s) constituting abuse, human trafficking,
35	35	3or involuntary sexual relations” as follows “a victim of act(s) constituting (i) abuse as defined in
36	36	4section 1 of chapter 209A (ii) human trafficking as defined by section 20M of chapter 233 or a
37	37	5victim of trafficking in persons under 22 U.S.C. 7102 and/or (iii) act(s) that by force, threat or
38	38	6duress causes another to involuntarily engage in sexual relations.”
39	39	7 SECTION 1. Section 100K of chapter 276 of the General Laws, as so appearing, is
40	40	8hereby amended by striking the word “or” at the end of paragraph (a)(5).
41	41	9 SECTION 2. Section 100K of chapter 276 of the General Laws, as so appearing, is
42	42	10hereby amended by inserting after the sixth paragraph of subsection (a), the following
43	43	11paragraph:- 2 of 5
44	44	12 (7) an offense that occurred as a result of the petitioner being a victim of act(s)
45	45	13constituting abuse, human trafficking, or involuntary sexual relations.
46	46	14 SECTION 3. Section 100K of chapter 276 of the General Laws, as so appearing, is
47	47	15hereby amended by inserting after the first sentence of subsection (b), the following sentences:-
48	48	16 Any official documentation from any local, state or federal community-based or
49	49	17governmental agency of the defendant’s status as a victim of act(s) constituting abuse as defined
50	50	18in section 1 of chapter 209A, human trafficking as defined by section 20M of chapter 233 or a
51	51	19victim of trafficking in persons under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress
52	52	20causes another to involuntarily engage in sexual relations at the time of the offense shall create a
53	53	21rebuttable presumption that the defendant’s participation in the offense was a result of their
54	54	22victimization, but shall not be required for granting a petition. For purposes of this subsection,
55	55	23“official documentation” shall be defined as any document issued by a local, state or federal
56	56	24community-based or government agency in the agency’s official capacity. A judge shall
57	57	25consider any credible evidence including testimony of the petitioner in determining eligibility for
58	58	26relief.
59	59	27 SECTION 4. Chapter 276 of the General Laws is hereby amended by striking out section
60	60	28100Q, as inserted by section 195 of said chapter 69, and inserting in place thereof the following
61	61	29section:-
62	62	30 Section 100Q. Unless otherwise provided by law, no person shall make records sealed
63	63	31pursuant to section 100A, 100B, or 100C or expunged pursuant to section 100F, 100G, section
64	64	32100H, or section 100K available for inspection in any form by any person. 3 of 5
65	65	33 SECTION 5. Section 100C of chapter 276 of the General Laws, as so appearing, is
66	66	34hereby amended by inserting after the second paragraph, the following paragraphs:-
67	67	35 Notwithstanding other provisions in section 100A—100C, a judge may without a waiting
68	68	36period seal any court appearance or disposition where the offense occurred as a result of the
69	69	37petitioner being a victim of act(s) constituting abuse as defined in section 1 of chapter 209A,
70	70	38human trafficking as defined by section 20M of chapter 233 or a victim of trafficking in persons
71	71	39under 22 U.S.C. 7102 and/or act(s) that by force, threat or duress causes another to involuntarily
72	72	40engage in sexual relations, and the petitioner can establish a connection between the offense and
73	73	41having been a victim of the aforementioned act(s) and it appears to the court that substantial
74	74	42justice would best be served by the sealing of the record(s).
75	75	43 A judge shall consider any credible evidence including testimony of the petitioner in
76	76	44determining eligibility for relief under this section. Any official documentation from any local,
77	77	45state or federal community-based or governmental agency of the defendant’s status as a victim of
78	78	46act(s) constituting abuse as defined in section 1 of chapter 209A, human trafficking as defined by
79	79	47section 20M of chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102 and/or
80	80	48act(s) that by force, threat or duress causes another to involuntarily engage in sexual relations, at
81	81	49the time of the offense shall create a rebuttable presumption that the defendant’s participation in
82	82	50the offense was connected to their victimization, but shall not be required for granting a petition.
83	83	51For purposes of this subsection, “official documentation” shall be defined as any document
84	84	52issued by a local, state or federal community-based or government agency in the agency’s
85	85	53official capacity, or any criminal justice agency as defined by section 167 of chapter 6. 4 of 5
86	86	54 SECTION 6. Sections 100A, 100B, and 100C of chapter 276 of the General Laws, as so
87	87	55appearing, are hereby amended by inserting the following language at the end of each section:
88	88	56“The clerk’s office of any division of the trial court, the commissioner of probation, or any other
89	89	57criminal justice agency, upon request of a person whose offense or offenses are sealed, or the
90	90	58person’s legal representative, shall provide access to the information contained in the sealed
91	91	59records to the individual or the individual’s legal representative without first obtaining a court
92	92	60order.”
93	93	61 SECTION 7. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby
94	94	62amended by changing the word “defendant” to “petitioner” throughout the section.
95	95	63 SECTION 8. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby
96	96	64amended by striking the phrase “under section 26, subsection (a) of section 53 or subsection (a)
97	97	65of section 53A of chapter 272 or under section 34 of chapter 94C for simple possession of a
98	98	66controlled substance” from subsection (a).
99	99	67 SECTION 9. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby
100	100	68amended by striking the phrase “of a reasonable probability that the defendant's participation in
101	101	69the offense was a result of having been a human trafficking victim as defined by section 20M of
102	102	70chapter 233 or a victim of trafficking in persons under 22 U.S.C. 7102” from subsection (a) and
103	103	71inserting the phrase “that petitioner was a victim of act(s) constituting abuse, human trafficking,
104	104	72or involuntary sexual relations as defined by Section 100E of chapter 276, and the petitioner
105	105	73participated in the offense as a result of fear, duress, coercion, or intimidation by a perpetrator of
106	106	74said act(s).” 5 of 5
107	107	75 SECTION 10. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby
108	108	76amended by inserting at the beginning of subsection (5) the following: A hearing on this petition
109	109	77is not required and the court may grant the petition without a hearing if the requirements are met
110	110	78or if the court finds justice so requires. If a hearing is conducted,”
111	111	79 SECTION 11. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby
112	112	80amended by inserting at the end of subsection (6) the following: “Any filings related to the
113	113	81petition shall be automatically filed under seal, and any hearings that take place shall be
114	114	82confidential, unless otherwise requested by the petitioner.”
115	115	83 SECTION 12. Section 59 of chapter 265 of the General Laws, as so appearing, is hereby
116	116	84amended by inserting after the first paragraph of subsection (b) the following: “The clerk shall
117	117	85forthwith notify the commissioner of probation and the probation officer of the courts in which
118	118	86the proceedings occurred or were initiated who shall likewise seal the records of the proceedings
119	119	87in their files.”
120	120	88 SECTION 13. Section 57 of chapter 265 of the General Laws, as so appearing, is hereby
121	121	89amended by striking “charges of engaging in common night walking or common streetwalking in
122	122	90violation of section 53 of chapter 272 and to charges of violating section 26 or 53A of said
123	123	91chapter 272” and by inserting “any charges” in its place. Also, by striking “while a human
124	124	92trafficking victim” and by inserting “as a result of being a victim of human trafficking.”