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Massachusetts Senate Bill S1057

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1057 Compare Versions

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22 SENATE DOCKET, NO. 2137 FILED ON: 1/20/2023
33 SENATE . . . . . . . . . . . . . . No. 1057
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Mark C. Montigny
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to strengthen laws combatting human trafficking and protecting survivors of modern-day
1313 slavery.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthVanna Howard17th Middlesex1/31/2023Michael O. MooreSecond Worcester2/15/2023Anne M. GobiWorcester and Hampshire2/21/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023 1 of 16
1717 SENATE DOCKET, NO. 2137 FILED ON: 1/20/2023
1818 SENATE . . . . . . . . . . . . . . No. 1057
1919 By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1057) of Mark C. Montigny,
2020 Vanna Howard, Michael O. Moore, Anne M. Gobi and others for legislation to strengthen laws
2121 combatting human trafficking and protecting survivors of modern-day slavery. The Judiciary.
2222 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2323 SEE SENATE, NO. 1098 OF 2021-2022.]
2424 The Commonwealth of Massachusetts
2525 _______________
2626 In the One Hundred and Ninety-Third General Court
2727 (2023-2024)
2828 _______________
2929 An Act to strengthen laws combatting human trafficking and protecting survivors of modern-day
3030 slavery.
3131 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3232 of the same, as follows:
3333 1 SECTION 1. Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is
3434 2hereby amended by adding the following section:-
3535 3 Section 222. (a) For purposes of this section, “partnership” shall mean the human
3636 4trafficking prevention business partnership.
3737 5 (b) There shall be a human trafficking prevention business partnership. The partnership
3838 6shall engage participating corporations and other private entities in voluntary efforts to prevent
3939 7and combat human trafficking. The governor or the governor’s designee shall serve as chair of
4040 8the partnership. 2 of 16
4141 9 (c) The corporations and other private entities that participate in the partnership shall: (i)
4242 10adopt a zero tolerance policy toward human trafficking; (ii) ensure that the employees of the
4343 11corporation or entity comply with the policy adopted pursuant to clause (i); (iii) participate in
4444 12public awareness and education campaigns; (iv) enhance awareness of and encourage
4545 13participation in the partnership; and (v) exchange information about effective practices for
4646 14abolishing human trafficking including, but not limited to, identifying private and nonprofit
4747 15resources that may be available to support the work of the partnership and promote efforts to
4848 16abolish human trafficking.
4949 17 (d) The governor or the governor’s designee shall work collaboratively to promote the
5050 18partnership with other state agencies including, but not limited to, the executive office of labor
5151 19and workforce development, the executive office of health and human services and the executive
5252 20office of public safety and security.
5353 21 (e) The chair of the partnership shall present a certificate of recognition to participating
5454 22corporations and private entities to recognize the corporation’s or other private entity’s
5555 23contributions and commitment to abolishing human trafficking.
5656 24 (f) Nothing in this section shall limit any existing partnerships to prevent or combat
5757 25human trafficking, including, but not limited to, existing programs through the office of the
5858 26attorney general.
5959 27 (g) Nothing in this section shall limit any laws related to human trafficking.
6060 28 SECTION 2. Chapter 6A of the General Laws, as so appearing, is hereby amended by
6161 29adding the following 3 sections:- 3 of 16
6262 30 Section 105. (a) Law enforcement agencies, prosecutors, public defenders, juvenile
6363 31detention center employees providing direct services and others providing direct services in the
6464 32juvenile justice system and criminal justice system shall be trained in identifying and responding
6565 33to human trafficking. The executive office public safety and security shall offer training that
6666 34shall include information on: (i) human trafficking offenses; (ii) methods used in identifying
6767 35victims of human trafficking who may be United States citizens or foreign national citizens,
6868 36including preliminary interview techniques and appropriate questioning methods; (iii)
6969 37prosecuting human traffickers; (iv) increasing effective collaboration between the courts,
7070 38nongovernmental organizations and other relevant social service organizations to assist in the
7171 39investigation and prosecution of human trafficking cases; (v) protecting the rights of victims of
7272 40human trafficking, including, but not limited to, specific consideration of human rights and
7373 41female and minor victims; (vi) interacting with victims of human trafficking as victims of crime
7474 42rather than criminals; and (vii) promoting the safety of victims of human trafficking. The training
7575 43shall include information on the screening of individuals who may be victims of human
7676 44trafficking and data collection protocols under section 35A of chapter 22C. The executive office
7777 45of public safety and security shall collaborate with nongovernmental organizations and other
7878 46relevant organizations in the preparation and presentation of the training required pursuant to this
7979 47section. Nothing in this section shall preclude alternative training programs approved by the
8080 48attorney general.
8181 49 (b) The administrative office of the trial court shall provide mandatory training for
8282 50judges, clerk-magistrates and court personnel.
8383 51 (c) The executive office of education shall implement mandatory educational training for
8484 52educators in kindergarten to grade 12, inclusive. The training shall include information to assist 4 of 16
8585 53educators in identifying victims of human trafficking and providing appropriate support to
8686 54victims of human trafficking. The training may be incorporated into professional development
8787 55modules. The executive office of education may collaborate with public or nongovernmental
8888 56organizations to provide training and may use previously developed courses. The executive
8989 57office of education shall also develop a parent guide and teacher training material on internet
9090 58safety and methods of preventing the exploitation of minors over the internet.
9191 59 (d) The department of public health shall implement mandatory training at hospitals
9292 60licensed pursuant to chapter 111 for mandated reporters, as defined by section 21 of chapter 119,
9393 61working in such a facility to assist in identifying human trafficking victims and the appropriate
9494 62actions to be undertaken when such victims have been identified. The department may
9595 63collaborate with public or nongovernmental organizations to provide training and may use
9696 64previously developed courses.
9797 65 Section 106. (a) The executive office of health and human services, in cooperation with
9898 66the executive office of public safety and security, other appropriate agencies and
9999 67nongovernmental organizations, shall, subject to appropriation, prepare public awareness
100100 68programs to educate potential victims of human trafficking and their families on the risks of
101101 69victimization. The public awareness programs shall include, but not be limited to: (i) information
102102 70about the risks of becoming a victim of human trafficking that uses best practices to prevent
103103 71stigmatization of victims and includes information about common recruitment techniques, use of
104104 72debt bondage and other coercive tactics, risk of maltreatment, rape, exposure to HIV/AIDS and
105105 73other sexually-transmitted diseases and psychological harm related to victimization in human
106106 74trafficking cases; (ii) information about victims’ rights under federal and state laws; (iii) methods
107107 75for reporting suspected recruitment activities; and (iv) information on the types of services 5 of 16
108108 76available to victims of human trafficking and how to access such services, including information
109109 77on relevant hotlines including the National Human Trafficking Resource Center Hotline.
110110 78 (b) The executive office of health and human services, in cooperation with other
111111 79appropriate agencies and nongovernmental organizations, shall prepare and disseminate general
112112 80public awareness materials to educate the public on the extent of human trafficking of both
113113 81United States citizens and foreign nationals within the United States to discourage the demand
114114 82that fosters the exploitation of persons and that leads to human trafficking.
115115 83 General public awareness materials may include: (i) information on the impact of human
116116 84trafficking on individual victims, whether United States citizens or foreign nationals; (ii)
117117 85aggregate information on human trafficking worldwide and domestically; and (iii) warnings of
118118 86the criminal consequences of engaging in human trafficking. The materials may include
119119 87pamphlets, brochures, posters and advertisements in mass media and any other appropriate
120120 88media.
121121 89 (c) Programs and materials described in this section shall preserve the privacy of victims
122122 90and their family members.
123123 91 (d) All public awareness programs shall be evaluated periodically to ensure their
124124 92effectiveness.
125125 93 (e) The executive office of health and human services, in collaboration with the executive
126126 94office of public safety and security and the office of the attorney general, shall establish and
127127 95maintain an independent website to disseminate information regarding human trafficking, human
128128 96trafficking crime statistics and resources for victims of human trafficking. Information available 6 of 16
129129 97through the website shall not include the names, locations or other identifying information of
130130 98victims of human trafficking.
131131 99 Section 107. The secretary of health and human services shall file an annual report not
132132 100later than January 1 with the joint committee on children, families and persons with disabilities,
133133 101the senate and house committees on ways and means and the senate and house committees on
134134 102rules outlining the adequacy and limitations of current services to meet the safety, support,
135135 103housing, health, education and quality of life needs of human trafficking victims. The report shall
136136 104identify specialized needs of victims under the age of 18 including, but not limited to, the needs
137137 105or current efforts to provide specialized foster care, other suitable housing arrangements and
138138 106services to safe guard children. The report shall also identify current resources available at safe
139139 107house facilities including the number of beds, resources located on site and number of victims
140140 108served.
141141 109 SECTION 3. Chapter 6C of the General Laws is hereby amended by adding the
142142 110following section:-
143143 111 Section 78. (a) The department shall display public awareness signs that contain the
144144 112National Human Trafficking Resource Center Hotline, or a successor hotline, in every
145145 113transportation station, rest area and welcome center that is open to the public.
146146 114 (b) Public awareness campaign advertisements shall be displayed in a conspicuous
147147 115location visible to the public and employees in: (i) adult entertainment facilities and other
148148 116businesses primarily dedicated to adult entertainment or sex-related products; (ii) facilities
149149 117determined to be a nuisance for prostitution under section 4 of chapter 139; (iii) facilities
150150 118licensed as massage establishments and facilities providing bodywork and related therapies; (iv) 7 of 16
151151 119nail salons; (v) job recruitment centers; (vi) facilities operating as foreign transmittal agencies
152152 120under chapter 169; (vii) hospitals; and (viii) emergency care providers.
153153 121 (c) An employer who violates subsection (b) shall be punished by a fine of not more than
154154 122$500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.
155155 123 (d) The attorney general shall promulgate rules and regulations to enforce subsection (b).
156156 124 SECTION 4. Section 66A of chapter 10 of the General Laws, as so appearing, is hereby
157157 125amended by striking out, in line 3, the word “proceeds” and inserting in place thereof the
158158 126following words:- all revenues received under section 6O of chapter 62, proceeds.
159159 127 SECTION 5. Chapter 22C of the General Laws is hereby amended by inserting after
160160 128section 35 the following section:-
161161 129 SECTION 35A. (a) The colonel shall promulgate regulations relative to the collection of
162162 130human trafficking crime data. The regulations shall include, but not be limited to: (i) the
163163 131responsibilities of the crime reporting unit, as defined in section 32 of chapter 22C, for the
164164 132collection, analysis, classification, reporting and retention of human trafficking crime data in a
165165 133central repository; (ii) the procedures necessary to ensure effective data-gathering, preservation
166166 134and protection of confidential information, including, but not limited to, victims’ private and
167167 135identifying information, and the disclosure of information as required by this section; (iii) the
168168 136procedures for reporting data on a standardized form to the crime reporting unit by law
169169 137enforcement agencies; and (iv) the procedures for assessing the credibility and accuracy of
170170 138reports of human trafficking from law enforcement agencies. 8 of 16
171171 139 (b) The crime reporting unit shall analyze and summarize reports of human trafficking
172172 140data received by the unit. The crime reporting unit shall produce a report summarizing the data
173173 141collected from law enforcement agencies, which shall be submitted annually to the governor,
174174 142attorney general, the joint committee on public safety and homeland security, the joint committee
175175 143on the judiciary, the senate and house committees on rules, and the senate and house committees
176176 144on ways and means. The report shall not include the names, locations or other identifying
177177 145information of victims of human trafficking. The annual report shall be a public record and shall
178178 146be available on the executive office of public safety and security’s website.
179179 147 (c) The crime reporting unit shall make data collected on human trafficking under this
180180 148section available to federal, state and municipal agencies including, but not limited to, law
181181 149enforcement agencies. Data collected on human trafficking under this section shall be made
182182 150available to the public. The disclosed information shall not include the names, addresses or other
183183 151identifying information of victims of human trafficking.
184184 152 (d) The district attorney for each county shall report on human trafficking data to the
185185 153crime reporting unit. Data provided to the crime reporting unit shall include, but not be limited
186186 154to: (i) the number of prosecutions and convictions of human trafficking crimes, including
187187 155prosecutions and convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of
188188 156individuals prosecuted for and convicted of violations under said sections 50 and 51 of said
189189 157chapter 265, including nationality, age, gender and place of origin; (iii) the characteristics of
190190 158victims of human trafficking, including nationality, age, gender and place of origin; and (iv) the
191191 159number of human trafficking prosecutions and convictions originating in each municipality
192192 160under the district attorney's jurisdiction. 9 of 16
193193 161 (e) The attorney general shall report on human trafficking data to the crime reporting
194194 162unit. Data provided to the crime reporting unit shall include, but not be limited to: (i) the number
195195 163of prosecutions and convictions of human trafficking crimes, including prosecutions and
196196 164convictions under sections 50 and 51 of chapter 265; (ii) the characteristics of individuals
197197 165prosecuted for and convicted of violations under said sections 50 and 51 of said chapter 265,
198198 166including nationality, age, gender and place of origin; (iii) the characteristics of victims of human
199199 167trafficking, including nationality, age, gender and place of origin; and (iv) the number of human
200200 168trafficking prosecutions and convictions originating in each municipality under the attorney
201201 169general’s jurisdiction.
202202 170 (f) All state, county, municipal and campus police departments and other law
203203 171enforcement agencies that report crime statistics to the executive office of public safety and
204204 172security shall include statistics on the crimes of trafficking of persons for sexual servitude under
205205 173section 50 of chapter 265 and trafficking of persons for forced service under section 51 of said
206206 174chapter 265 to ensure compliance with reporting standards established by the Federal Bureau of
207207 175Investigation’s Uniform Crime Reporting Program. Said data shall be reported to the crime
208208 176reporting unit.
209209 177 (g) The executive office of public safety and security shall prescribe a standardized form
210210 178for data collection under subsections (d), (e), and (f).
211211 179 SECTION 6. Chapter 62 of the General Laws, as so appearing, is hereby amended by
212212 180inserting after section 6N the following section:-
213213 181 Section 6O. A person filing an individual or a joint return may voluntarily contribute all
214214 182or part of a refund to which the person is entitled, or may voluntarily add an amount on to an 10 of 16
215215 183amount due, to be credited to the Victims of Human Trafficking Trust Fund established in
216216 184section 66A of chapter 10.
217217 185 A contribution under this section may be made with respect to any taxable year at the
218218 186time of filing a return of the tax established by this chapter for such taxable year. The
219219 187commissioner shall prescribe the manner in which the contribution shall be made on the face of
220220 188the return required by section 5 of chapter 62C; provided, however, that the commissioner shall
221221 189assure that taxpayers filing such a form are made clearly aware of their ability to make the
222222 190contributions provided for by this section.
223223 191 The commissioner shall annually report the total amount designated under this section to
224224 192the state treasurer, who shall credit such amount to the Victims of Human Trafficking Trust
225225 193Fund.
226226 194 SECTION 7. Chapter 90F of the General Laws, as so appearing, is hereby amended by
227227 195adding the following section:-
228228 196 Section 17. Upon application or renewal for a license to operate a commercial motor
229229 197vehicle, the registrar shall provide the applicant with materials regarding the recognition and
230230 198prevention of human trafficking. The registrar shall also post the materials online in a
231231 199conspicuous manner alongside driver manuals and resources on the registry website. The
232232 200registrar may collaborate with organizations that specialize in the recognition and prevention of
233233 201human trafficking including, but not limited to, Truckers Against Trafficking or its successor
234234 202organization. 11 of 16
235235 203 SECTION 8. Section 90A of chapter 127 of the General Laws, as so appearing, is hereby
236236 204amended by striking out, in line 13, the words “or section twenty-six” and inserting in place
237237 205thereof the following words:- , section 26 or section 50.
238238 206 SECTION 9. Chapter 140 of the General Laws, as so appearing, is hereby amended by
239239 207inserting after section 6B the following section:-
240240 208 Section 6C. A person, corporation, partnership or other legal entity licensed as an
241241 209innholder shall provide human trafficking awareness training to each person in its employ at the
242242 210time of hire. The training shall include, but not be limited to: (i) the definition of human
243243 211trafficking and commercial exploitation of children; (ii) recognition of potential victims of
244244 212human trafficking; (iii) activities commonly associated with human trafficking; and (iv) how to
245245 213appropriately respond to a known or suspected case of human trafficking. The training program
246246 214shall be approved by the licensing authority and may be developed by a non-profit or lodging
247247 215association organization familiar with human trafficking-related issues in the hospitality
248248 216industry. An innholder shall annually certify to the licensing authority that each employee of the
249249 217innholder’s establishment has received training required by this section. An innholder that fails
250250 218to provide training required by this section shall be punished by a fine of not less than $1,000 per
251251 219day that the violation occurs.
252252 220 SECTION 10. Section 4D of chapter 260 of the General Laws, as so appearing, is hereby
253253 221amended by striking out, in lines 11 and 14, the figure “3” and inserting in place thereof the
254254 222following figure:- 10. 12 of 16
255255 223 SECTION 11. Section 57 of chapter 265 of the General Laws, as so appearing, is hereby
256256 224amended by striking out, in line 5, the words “section 53A” and inserting in place thereof the
257257 225following words:- sections 8, 26 or 53A.
258258 226 SECTION 12. Section 59 of chapter 265 of the General Laws, as so appearing, and as
259259 227most recently amended by section 132 of the Acts of 2018, is hereby amended by inserting after
260260 228the word “under” in the first instance the following words:- subsection (1) of section 30 or
261261 229section 30A of chapter 266, or under
262262 230 SECTION 13. Chapter 276 of the General Laws, as so appearing, is hereby amended by
263263 231inserting after section 87B the following section:-
264264 232 Section 87C. (a) First offender commercial sexual exploitation prevention programs may
265265 233be established and certified, subject to appropriation. A court and the district attorney may, after
266266 234arraignment, prior to the disposition of a defendant and with the approval of the district attorney,
267267 235divert the defendant charged with a first offense of subsection (b) of section 53A of chapter 272
268268 236to a first offender commercial sexual exploitation prevention program. The court shall continue
269269 237the matter while the defendant fulfills the requirements of the program and shall retain
270270 238jurisdiction pending the defendant’s successful completion of the program. The district attorney
271271 239may at any time petition to remove the defendant from the program if the defendant fails to
272272 240fulfill the requirement of the program. If the court finds that the defendant has failed to
273273 241substantially comply with the requirements of the program, the court may restore the criminal
274274 242complaint to the docket for trial or further proceedings in accordance with the regular course of
275275 243such proceedings. 13 of 16
276276 244 (b) The court shall determine if the defendant is eligible to participate in the first offender
277277 245commercial sexual exploitation prevention program established pursuant to this section. The
278278 246defendant shall not be eligible if the court determines that: (i) the defendant was convicted or
279279 247admitted to sufficient facts of a previous violation of subsection (b) or (c) of section 53A of
280280 248chapter 272 or a similar offense under the laws of another state; (ii) the defendant was previously
281281 249admitted to a first offender commercial sexual exploitation prevention program under this
282282 250section; (iii) the defendant has previously been charged with a violation of subsection (b) or (c)
283283 251of said section 53A of said chapter 272 or a similar offense under the laws of another state and is
284284 252awaiting adjudication of such offense; (iv) the defendant has been charged with, convicted of or
285285 253admitted to sufficient facts of a violation of section 50 or 51 of chapter 265; or (v) the defendant
286286 254is a registered sex offender under chapter 6 or the laws of another jurisdiction.
287287 255 (c) A first offender commercial sexual exploitation prevention program shall, at a
288288 256minimum: (i) provide each participant with information, counseling and services relating to: (A)
289289 257the negative impact of commercial sex and sex trafficking on victims; (B) the negative impact of
290290 258commercial sex and sex trafficking on communities; (C) the health risks involved in commercial
291291 259sexual exploitation, including the risk of sexually transmitted diseases and issues relating to
292292 260mental health, substance abuse and sexual addiction; (D) the legal consequence to the defendant;
293293 261and (E) classroom instruction related to the prevention of commercial sexual exploitation and
294294 262organized crime and the sex industry; (ii) employ persons or solicit volunteers that may include,
295295 263but shall not be limited to, health care professionals, psychologists, licensed social workers or
296296 264counselors, survivors of commercial sexual exploitation, members of a neighborhood association
297297 265or community that is adversely affected by the commercial sex trade or trafficking of persons or
298298 266employees of a nongovernmental organization specializing in advocacy on laws related to sex 14 of 16
299299 267trafficking or human trafficking or in providing services to victims of those offenses; (iii) allow
300300 268a participant to withdraw from the program at any time before a trial on the merits has been
301301 269initiated; and (iv) certify to the court that the defendant has successfully completed the
302302 270requirements of the program, has failed to complete the program or has withdrawn from the
303303 271program.
304304 272 (d) Upon successful completion of the program, the court may dismiss the charge against
305305 273the defendant. Upon dismissal, the court may order the record of the defendant sealed.
306306 274 (e) The court shall determine and assess an appropriate fee for participation in the first
307307 275offender commercial sexual exploitation prevention program. The court shall not waive the fee
308308 276but may reduce the fee based on a determination by the court that the defendant cannot pay the
309309 277entire fee. The fee shall be distributed as follows: (i) ⅓ shall be transferred to the nonprofit
310310 278organization certified by the commissioner of probation to conduct the program; (ii) ⅓ shall be
311311 279transferred to the Victims of Human Trafficking Trust Fund established in section 66A of
312312 280chapter 10; and (iii) ⅓ shall be transferred to the state or municipal law enforcement agency
313313 281responsible for the arrest of the defendant to be used for human trafficking investigations and
314314 282prevention and to fund mandatory training for law enforcement agencies, prosecutors, public
315315 283defenders, juvenile detention center employees providing direct services to victims of human
316316 284trafficking and others providing direct services in the juvenile justice system and criminal justice
317317 285system.
318318 286 (f) The commissioner of probation shall review each organization that operates a first
319319 287offender commercial sexual exploitation prevention program and shall certify that the program is
320320 288operating under the requirements of subsection (c). The commissioner shall notify the 15 of 16
321321 289administrative office of the trial court and the district attorney of all programs receiving such
322322 290certification. Only programs certified by the commissioner shall be qualified to operate a
323323 291program under this section. The commissioner may decertify a program for good cause and the
324324 292commissioner shall notify the administrative office of the trial court of decertification.
325325 293 SECTION 14. Said chapter 276 is hereby further amended by inserting after section
326326 294100U the following section:-
327327 295 Section 100V. (a) In a case in which a plea of not guilty has been entered by a court
328328 296pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed;
329329 297(ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is
330330 298made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the
331331 299defendant, seal the court appearance and disposition recorded and the clerk and the probation
332332 300officers of the courts in which the proceedings occurred or were initiated shall seal the records of
333333 301the proceedings in their files. Sealed records shall not operate to disqualify a person in any
334334 302examination, appointment, or application for public employment in the service of the
335335 303commonwealth or of any political subdivision.
336336 304 (b) An application for employment used by an employer that seeks information
337337 305concerning prior arrests, convictions or adjudications of delinquency of the applicant shall
338338 306include, in addition to the statement required under section 100A, the following statement: “An
339339 307applicant for employment with a sealed record on file with the commissioner of probation may
340340 308answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court
341341 309appearances.” The attorney general may enforce this section by a suit in equity commenced in
342342 310the superior court. Notwithstanding this section or any other general or special law to the 16 of 16
343343 311contrary, the commissioner of probation or the clerk of courts in any district court, superior
344344 312court, juvenile court or the Boston municipal court, in response to inquiries by authorized
345345 313persons other than by a law enforcement agency or a court, shall, in the case of a sealed record,
346346 314report that no record exists.
347347 315 SECTION 15. The secretary of health and human services shall file the initial report
348348 316required under section 107 of chapter 6A of the General Laws not later than 180 days after the
349349 317effective date of this act.