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| 2 | 2 | | HOUSE DOCKET, NO. 874 FILED ON: 1/17/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1719 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Edward R. Philips |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to criminal offender record information checks. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Edward R. Philips8th Norfolk1/11/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 874 FILED ON: 1/17/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1719 |
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| 18 | 18 | | By Representative Philips of Sharon, a petition (accompanied by bill, House, No. 1719) of |
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| 19 | 19 | | Edward R. Philips relative to criminal offender record information checks. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Third General Court |
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| 23 | 23 | | (2023-2024) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to criminal offender record information checks. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 Section 172 of chapter 6 of the General Laws, as most recently amended by section 1 of |
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| 29 | 29 | | 2chapter 202 of the acts of 2018, is hereby further amended by adding the following subsection:- |
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| 30 | 30 | | 3 (p) (1) Notwithstanding any provision of this section or any other general or special law |
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| 31 | 31 | | 4to the contrary, a person may, upon application on a form to be established by the department, |
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| 32 | 32 | | 5request that the department return a letter certifying that the person has no available criminal |
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| 33 | 33 | | 6offender record information. Within 5 business days of receiving an application pursuant to this |
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| 34 | 34 | | 7subsection, the department shall search all available criminal offender record information, |
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| 35 | 35 | | 8including conviction data, arrest data, sealed record data and juvenile data, pertaining to that |
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| 36 | 36 | | 9person. If the search confirms that there is no available criminal offender record information |
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| 37 | 37 | | 10pertaining to that person, the department shall, within 5 business days, send a dated letter to the |
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| 38 | 38 | | 11person certifying that there is no available criminal offender record information pertaining to that |
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| 39 | 39 | | 12person. 2 of 2 |
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| 40 | 40 | | 13 (2) Notwithstanding any provision of this section or any other general or special law to |
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| 41 | 41 | | 14the contrary, in response to a requestor for a signed acknowledgement form pursuant to |
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| 42 | 42 | | 15subsection (c), a subject may provide the requestor with a copy of a certification letter sent by the |
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| 43 | 43 | | 16department pursuant to paragraph (1). If the subject provides the requestor with a valid |
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| 44 | 44 | | 17certification letter dated by the department within 1 year before provision of the letter to the |
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| 45 | 45 | | 18requestor, the requestor shall be considered to have: (i) obtained all available criminal offender |
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| 46 | 46 | | 19record information pertaining to that person; and (ii) satisfied any requirement of this chapter or |
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| 47 | 47 | | 20any other general or special law to obtain criminal offender record information for that person. |
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