Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1790 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. 701 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1790
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Chynah Tyler
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 ensuring equitable access to cannabis related expungement.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Chynah Tyler7th Suffolk1/17/2023Lindsay N. Sabadosa1st Hampshire2/14/2023 1 of 3
16	16	HOUSE DOCKET, NO. 701 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1790
18	18	By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1790) of Chynah
19	19	Tyler and Lindsay N. Sabadosa relative to ensuring equitable access to cannabis related
20	20	expungement. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1904 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 ensuring equitable access to cannabis related expungement.
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 100K of chapter 276 of the General Laws, as appearing in the 2018
32	32	2Official Edition, is hereby amended by striking subsection (b) in its entirety and inserting in
33	33	3place thereof the following:-
34	34	4 (b) Any decriminalized offense that is eligible for expungement as provided by this
35	35	5section, shall be expunged forthwith on request of the petitioner without the necessity of further
36	36	6action by the petitioner or a hearing. If the offense was for possession or cultivation of an amount
37	37	7of marijuana decriminalized under section 32L of chapter 94C, section 13 of chapter 94G, or any
38	38	8other law of the commonwealth, any offense for distribution or other offenses arising out of the
39	39	9same incident related to possession or cultivation of said marijuana shall be treated as a single
40	40	10offense for the purposes of this section and shall be expunged along with the decriminalized 2 of 3
41	41	11offense involving possession of marijuana. The court shall have the discretion to order an
42	42	12expungement for other grounds pursuant to this section based on what is in the best interests of
43	43	13justice. Prior to entering an order of expungement pursuant to this section, the court shall hold a
44	44	14hearing if requested by the petitioner or the district attorney. Upon an order of expungement, the
45	45	15court shall enter written findings of fact.
46	46	16 SECTION 2. Section 34 of chapter 94C of the General Laws, as appearing in the 2018
47	47	17Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
48	48	18 The commissioner of the department of correction, and the sheriffs of all county houses
49	49	19of correction shall forthwith review the sentencing mittimus’ of all prisoners in their custody to
50	50	20identify any prisoner held for: (i) a now decriminalized marijuana offense committed before the
51	51	21enactment of chapter 334 of the acts of 2016; or (ii) after the revocation of probation or parole
52	52	22regardless of the nature of the underlying offense, where the only ground for revocation was the
53	53	23prisoner’s possession or use of marijuana and said marijuana offense is no longer a criminal
54	54	24offense. Any prisoner so identified shall be reported to the committee for public counsel services,
55	55	25and the district attorney for the county of the sentencing court, along with a copy of the
56	56	26sentencing mittimus. Any prisoner being held only for sentence under a marijuana offense that is
57	57	27no longer a criminal offense, or held on a probation or parole surrender based only on drug
58	58	28testing or other probation or parole violation regarding the parolee or probationer’s possession or
59	59	29use of marijuana, which is no longer a crime, may apply to the sentencing court for an order of
60	60	30discharge and release. An initial hearing shall be held within ten days of court application, to
61	61	31determine whether any basis other than a marijuana law violation exists for the prisoner’s
62	62	32continued detention. If no other basis exists, the prisoner shall be released forthwith at the initial
63	63	33hearing; if other non-marijuana related cause for custody appears to exist, the prisoner may seek 3 of 3
64	64	34a continuance of the initial hearing to further investigate and present evidence regarding a claim
65	65	35that the only basis for the prisoner’s custody is a conviction or probation or parole surrender for
66	66	36the violation of an expunged or other marijuana offense or the prisoner’s use of marijuana while
67	67	37on probation or parole before such use was decriminalized.
68	68	38 SECTION 3. This act shall take effect upon its passage.