Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1757 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2868 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1757
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lindsay N. Sabadosa
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 to promote the health and safety of people in the sex trade.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/19/2023 1 of 5
16	16	HOUSE DOCKET, NO. 2868 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1757
18	18	By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1757)
19	19	of Lindsay N. Sabadosa relative to the expungement of certain marijuana and prostitution-related
20	20	records. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1867 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 to promote the health and safety of people in the sex trade.
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. Subsection (a) of section 53 of chapter 272 of the General Laws is hereby
32	32	2amended by striking out the words “Common night walkers, common street walkers, both male
33	33	3and female.”
34	34	4 SECTION 2. Subsections (a) and (b) of section 53A of chapter 272 are hereby repealed.
35	35	5 SECTION 3. Section 8 of chapter 272 of the General Laws is hereby repealed.
36	36	6 SECTION 4. Section 62 of chapter 272 of the General Laws is hereby repealed.
37	37	7 SECTION 5. Section 100E of chapter 276 of the General Laws is hereby stricken and
38	38	8replaced with the following: 2 of 5
39	39	9 Section 100E: Expungement of records of marijuana and prostitution-related arrests,
40	40	10detentions, conviction and incarceration.
41	41	11 (a) Expungement of marijuana and prostitution-related records. Any person having a
42	42	12record of criminal court appearances and dispositions in the commonwealth on file with the
43	43	13office of the commissioner of probation, or the Department of Criminal Justice Information
44	44	14Services established by c. 6, sec. 167A et seq., for a marijuana offense as defined by c. 94C or
45	45	15other provisions of law committed before the enactment of c. 334 of the Acts of 2016, or
46	46	16prostitution-related offenses as defined in chapter 127 sections 8, 53, and 53A (a) and (b), shall
47	47	17have all such records expunged forthwith from all criminal record information systems collected
48	48	18or distributed by any state agency, court or municipality. Any person with a criminal record
49	49	19eligible for expungement hereunder may apply to the commissioner, the department or the clerk
50	50	20of court where an expunged record exists, for expedited expungement in compliance with the
51	51	21provisions hereunder, and have the application acted on forthwith.
52	52	22 (b) Notice of expungement. When records of criminal appearances and criminal
53	53	23dispositions are expunged by the commissioner or department in their files, the commissioner or
54	54	24department shall notify forthwith the clerk and the probation officer of the courts in which the
55	55	25convictions or dispositions have occurred, or other entries have been made, of such
56	56	26expungement, and said clerks and probation officers likewise shall expunge records of the same
57	57	27proceedings in their files.
58	58	28 (c) Effect of expungement. Such expunged records shall not operate to disqualify a
59	59	29person in any examination, appointment or application for public service in the service of the
60	60	30commonwealth or of any political subdivision thereof; nor shall such expunged records be 3 of 5
61	61	31admissible in evidence or used in any way in any court proceedings or hearings before any
62	62	32boards or commissions. Anyone with an expunged marijuana record whose license to operate a
63	63	33motor vehicle remains under suspension pursuant to G.L. c. 90, sec. 22 or other provision of law,
64	64	34due to a marijuana infraction unrelated to a conviction for operation under the influence, is
65	65	35entitled to have the suspension terminated forthwith, and to have their license to operate restored
66	66	36forthwith.
67	67	37 (d) Employment applications. An application for employment used by an employer which
68	68	38seeks information concerning prior arrests or convictions of the applicant shall include the
69	69	39following statement:
70	70	40 “An applicant for employment with an expunged record on file with the commissioner of
71	71	41probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests,
72	72	42criminal court appearances or convictions. An applicant for employment with an expunged
73	73	43record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein
74	74	44relative to prior arrests or criminal court appearances. In addition, any applicant for employment
75	75	45may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances
76	76	46and adjudications in all cases of delinquency or as a child in need of services which did not result
77	77	47in a complaint transferred to the superior court for criminal prosecution.”
78	78	48 The attorney general may enforce the provisions of this paragraph by a suit in equity
79	79	49commenced in the superior court.
80	80	50 (e) “No record” report of expunged records. The commissioner or the department, in
81	81	51response to inquiries by authorized persons, shall in the case of an expunged record or in the case 4 of 5
82	82	52of court appearances and adjudications in a case of delinquency or the case of a child in need of
83	83	53services, report that no record exists.
84	84	54 (f) Prisoners serving sentences for expunged offenses. The commissioner of correction,
85	85	55and the sheriffs and masters of all county Houses of Correction shall forthwith review the
86	86	56sentencing mittimus’ of all prisoners in their custody to identify any prisoner held (i) pursuant to
87	87	57a conviction for a marijuana offense as defined by c. 94C, committed before the enactment of c.
88	88	58334 of the Acts of 2016; or (ii) pursuant to a conviction for a prostitution-related offense as
89	89	59defined by chapter 127 sections 8, 53, and 53A (a) and (b); (iii) the revocation of probation or
90	90	60parole regardless of the nature of the underlying offense, where the only ground for revocation
91	91	61was the prisoner’s use of marijuana committed before the enactment of c. 334 of the Acts of
92	92	622016, or engaging in prostitution. Any prisoner so identified shall be reported to the committee
93	93	63for public counsel services, and the district attorney for the county of the sentencing court, along
94	94	64with a copy of the sentencing mittimus. Any prisoner being held only for sentence under an
95	95	65expunged marijuana or prostitution-related offense, or held on a probation or parole surrender
96	96	66based only on drug testing or other probation or parole violation regarding the parolee or
97	97	67probationer’s use of marijuana or engagement in prostitution, may apply to the sentencing court
98	98	68for an order of discharge and release. An initial hearing shall be held within ten days of court
99	99	69application, to determine whether any basis other than a marijuana or prostitution-related law
100	100	70violation exists for the prisoner’s continued detention. If no other basis exists the prisoner shall
101	101	71be released forthwith at the initial hearing; if other non-marijuana related cause for custody
102	102	72appears to exist, the prisoner may seek a continuance of the initial hearing to further investigate
103	103	73and present evidence regarding a claim that the only basis for the prisoner’s custody is a
104	104	74conviction or probation or parole surrender for the violation of an expunged or other marijuana 5 of 5
105	105	75or prostitution-related offense or the prisoner’s use of marijuana or engagement in prostitution
106	106	76while on probation or parole.