Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1819 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. 619 FILED ON: 1/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1819
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bud L. Williams
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 relative to expungement of certain past marijuana convictions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bud L. Williams11th Hampden1/14/2023 1 of 3
16	16	HOUSE DOCKET, NO. 619 FILED ON: 1/14/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1819
18	18	By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1819) of
19	19	Bud L. Williams relative to the expungement of certain past marijuana convictions. The
20	20	Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to expungement of certain past marijuana convictions.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 276 of the General Laws is hereby amended by striking out section
30	30	2100K¼, inserted by section 23 of chapter 180 of the Acts of 2022, and inserting in place thereof
31	31	3the following section:-
32	32	4 Section 100K¼. (a) Notwithstanding the requirements of section 100I and section 100J of
33	33	5chapter 276 the General Laws, the court shall order the expungement of any record created as a
34	34	6result of a criminal court appearance, juvenile court appearance or disposition for:
35	35	7 (1) the possession or cultivation of an amount of marijuana decriminalized by chapter
36	36	8387 of the acts of 2008;
37	37	9 (2) the possession or cultivation of an amount of marijuana decriminalized by chapter
38	38	10334 of the acts of 2016; 2 of 3
39	39	11 (3) the possession or cultivation of an amount of marijuana decriminalized by chapter 55
40	40	12of the acts of 2017;
41	41	13 (4) possession of marijuana with intent to distribute based on an amount of marijuana
42	42	14decriminalized by chapter 387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55
43	43	15of the acts of 2017; or
44	44	16 (5) distribution of marijuana based on an amount of marijuana decriminalized by chapter
45	45	17387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55 of the acts of 2017.
46	46	18 (b) An individual who believes the court failed to properly expunge a record created as a
47	47	19result of their criminal court appearance, juvenile court appearance or the disposition of a charge
48	48	20listed in subsection (a) may petition the court to order said expungement pursuant to said
49	49	21subsection (a). The court shall, within 30 days of a petition being filed, grant the expungement
50	50	22pursuant to subsection (a) or deny the petition. If the court denies the petition, it shall explain the
51	51	23reason as to why the petition was denied, including an explanation as to why the court does not
52	52	24believe the petitioner’s record is covered by the requirements of subsection (a). The court shall
53	53	25hold a hearing if requested by the petitioner.
54	54	26 (c) Upon an order for the expungement pursuant to this section or section 100F, section
55	55	27100G or section 100H, the court clerk's office shall provide the individual whose record is
56	56	28expunged with a certified copy of the order, the docket sheets and the criminal complaint related
57	57	29to the expunged charge. The court shall send a copy of the expungement order to the clerk of the
58	58	30court where the record was created, to the commissioner of probation and to the commissioner of
59	59	31criminal justice information services.
60	60	32 3 of 3
61	61	33 SECTION 2 . Subsection (a) of section 100L of said chapter 276, as appearing in the
62	62	342020 Official Edition, is hereby amended by striking out, in line 2, the words “or section 100K”
63	63	35and inserting in place thereof the following words:- , section 100K or section 100K¼.
64	64	36 SECTION 3. The court shall order the expungement of a record required to be expunged
65	65	37pursuant to subsection (a) of section 100K1/4 of chapter 276 of the General Laws within 180
66	66	38days after the effective date of this act.