Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1031 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1380 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1031
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis, (BY REQUEST)
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
12	12	resolve:
13	13	Resolve for a commission to review, replace, and eliminate the Grand Jury System.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Vincent Lawrence Dixon60 Lake Street Unit N, Winchester MA
17	17	01890 1 of 3
18	18	SENATE DOCKET, NO. 1380 FILED ON: 1/19/2023
19	19	SENATE . . . . . . . . . . . . . . No. 1031
20	20	By Mr. Lewis (by request), a petition (accompanied by resolve, Senate, No. 1031) of Vincent
21	21	Lawrence Dixon that provisions be made for an investigation and study by a special commission
22	22	to review, replace, and eliminate the Grand Jury System. The Judiciary.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 1079 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	Resolve for a commission to review, replace, and eliminate the Grand Jury System.
31	31	1 Resolved, to review, consider, evaluate, and/or replace, the Grand Jury System as is
32	32	2known, and to establish a suitable body and/or Special Commission to consider this matter.
33	33	3 Over many years, the utility, and fairness, of the Grand Jury System, has been called into
34	34	4question. Recent events in various local area locations, states, and other jurisdictions have further
35	35	5raised questions as to its proper role, if any, in a properly functioning system of justice.
36	36	6 The Commonwealth of Massachusetts, having been a pioneer in reform of various legal
37	37	7procedures, should consider such changes as are appropriate in this area.
38	38	8 It has been suggested that since the Grand Jury System originated in England and/or
39	39	9Great Britain, that we are influenced by it. Thus, the apparent fact that its use in England, and/or
40	40	10Great Britain has apparently been largely ended, should raise questions, as to whether we 2 of 3
41	41	11 continue to use it ourselves. Other jurisdictions, across The United States, have also
42	42	12eliminated the use of Grand Juries, at least in their present form, and this further suggests the
43	43	13need for analysis as to their use.
44	44	14 A Special Commission shall be established by this Resolve, and/or additional suitable
45	45	15legislation, to investigate, and recommend, appropriate actions, and reforms.
46	46	16 Upon the establishment of a suitable Special Commission, it should consider relevant
47	47	17alternative legal mechanisms, including examining available data, and information, as to result,
48	48	18results; and streamlined processes by which appropriate charges may, and/or must be brought to
49	49	19 Courts, by appropriate standards.
50	50	20 Membership of such a Commission, shall include the Dean of each Law School, in
51	51	21Massachusetts, or their designee; the Constitutional Officers of Massachusetts, or their
52	52	22designees; at least one (1) individual appropriate representative each, of the Judiciary, Law
53	53	23Enforcement including District Attorneys, and Sheriffs, members of the general law profession,
54	54	24representatives of constituencies, particularly concerned with the legal process such as legal
55	55	25defenders, and legal reformers; and other relevant individuals. The Commission, shall select
56	56	26 a Chair, and a Vice Chair, from the membership of the body, and shall be authorized to
57	57	27expend reasonable expenses, to accomplish their responsibilities.
58	58	28 The Governor, and the Attorney General, shall be the Co-Appointing individuals, for the
59	59	29members of this Commission.
60	60	30 This Commission shall hold public hearings, at no less than five (5) distinct locations,
61	61	31including the Capital City of Boston, and four other regional locations, and collect useful 3 of 3
62	62	32information, including that of historical legal development; shall make general findings, useful
63	63	33analysis, and specific recommendations. Since these matters are important, a timely report
64	64	34should be issued within twenty-four (24) months, from the completion of the appointments of its
65	65	35members.