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2 | 2 | | HOUSE DOCKET, NO. 1572 FILED ON: 1/18/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1733 |
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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 | | David M. Rogers |
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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 expanding opportunities for individuals in the criminal offender record information |
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13 | 13 | | system. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/18/2023 1 of 2 |
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17 | 17 | | HOUSE DOCKET, NO. 1572 FILED ON: 1/18/2023 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1733 |
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19 | 19 | | By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1733) of |
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20 | 20 | | David M. Rogers relative to opportunities for individuals in the criminal offender record |
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21 | 21 | | information system. The Judiciary. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 4158 OF 2021-2022.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Third General Court |
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27 | 27 | | (2023-2024) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act expanding opportunities for individuals in the criminal offender record information |
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30 | 30 | | system. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 Clause (3) of the second sentence of subsection (a) of section 172 of chapter 6 of the |
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34 | 34 | | 2General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the |
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35 | 35 | | 3second sentence and inserting in place thereof the following 2 sentences:- Criminal offender |
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36 | 36 | | 4record information made available under this section shall be limited to the following: (i) felony |
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37 | 37 | | 5convictions or findings of not guilty by reason of insanity for 10 years following the disposition |
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38 | 38 | | 6thereof, including termination of any period of incarceration or custody, (ii) misdemeanor |
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39 | 39 | | 7convictions for 5 years following the disposition thereof, including termination of any period of |
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40 | 40 | | 8incarceration or custody, and (iii) pending criminal charges, which shall include cases that have |
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41 | 41 | | 9been continued without a finding until such time as the case is dismissed pursuant to section 18 |
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42 | 42 | | 10of chapter 278 except cases for individuals with no prior criminal record that have been 2 of 2 |
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43 | 43 | | 11continued without a finding until such time as the case is dismissed pursuant to said section 18 of |
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44 | 44 | | 12said chapter 278 unless the case is delineated in section 100J of chapter 276; and provided |
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45 | 45 | | 13further, that a violation of section 7 of chapter 209A and a violation of section 9 of chapter 258E |
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46 | 46 | | 14shall be treated as a felony for purposes of this section. For purposes of this clause, “pending |
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47 | 47 | | 15criminal charges” shall mean charges pending in a Massachusetts court where a disposition has |
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48 | 48 | | 16not yet been entered, except a pending misdemeanor criminal charge for an individual with no |
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49 | 49 | | 17existing prior criminal record and a pending charge that is not delineated in section 100J of |
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50 | 50 | | 18chapter 276. |
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