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SENATE DOCKET, NO. 618 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1490
The Commonwealth of Massachusetts
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PRESENTED BY:
Cynthia Stone Creem
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to a fresh start.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexVanna Howard17th Middlesex2/9/2023 1 of 3
SENATE DOCKET, NO. 618 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1490
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1490) of Cynthia Stone Creem and
Vanna Howard for legislation relative to a fresh start. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to a fresh start.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 98F of Chapter 41 is herby amended by striking out in the last
2sentence the word "18" and inserting in place thereof the following word:- "25".
3 SECTION 1. Section 98F of Chapter 41 is herby amended by striking out in the last
4sentence the word "18" and inserting in place thereof the following word:- "25".
5 SECTION 2. Notwithstanding any special or general laws to the contrary, Chapter 41 of
6the General Laws is hereby amended by inserting after section 98F the following section:-
7 Section 98FF. (a) There shall be within the Executive Office of Public Safety a Fresh
8Start Program to: (i) serve the purpose of removing the negative collateral consequences,
9including but not limited to difficulty in gaining employment, mental health challenges, and
10varied other barriers to social and economic mobility, of past stories reported online about an
11individual’s criminal offense(s) or other events as deemed applicable by the program; (ii) allow
12any individual the opportunity to submit a request to update, remove, or anonymize a story 2 of 3
13published online through a specified media outlet(s); (iii) share written recommendations to
14specified media outlets with respect to each individual's request for changes to past stories based
15upon the review of the program, providing that all media outlets will be encouraged to accept the
16recommended decisions of the program; and (iv) include the promotion of diverse marketing and
17promotion efforts to ensure awareness of this program to the general public.
18 (b) There shall be a Fresh Start Coordinating Council that will be responsible for: (a)
19identifying best practices for pre-publication reporting and unpublishing protocols; (b)
20establishing a set of guidelines for the review of applications submitted by all individuals based
21upon the above mentioned best practices, providing that such guidelines shall be adopted only
22after the approval of the Council by a majority vote in the affirmative of those members so
23voting; (d) providing recommendations to the Secretary of the Executive Office of Public Safety
24and Security for the appointment of the Director of the Fresh Start Program, known as the
25Director; (e) developing best practices and journalistic standards for the reporting or un-reporting
26of any offenses committed by young adults under the age of 25; and (f) approving and managing
27any appeal process for final decisions of all applications based on the guidelines set by the
28Council.
29 (c) The Council shall consist of twenty-five members to be appointed with the approval
30of the Governor. Said Council members shall advise the Director in all matters relating to
31oversight and supervision of the program. The Council shall be comprised of the following
32members: one of whom shall be a member of the house of representatives to be appointed by the
33Speaker of the House, one of whom shall be a member of the Senate to be appointed by the
34Senate President; one of whom shall be the Secretary of Public Safety and Security or a
35designee; not more than ten representatives from daily newspapers or other media outlets in 3 of 3
36Massachusetts that have an online publication; one of whom shall be the executive director of the
37American Civil Liberties Union of Massachusetts, Inc. or a designee; one of whom shall be the
38Chief Justice of the Trial Court or designee; one of whom shall be the president of the
39Massachusetts Major City Chiefs of Police Association; one of whom shall be the Chief Counsel
40of the Committee for Public Counsel Services or designee; one of whom shall be the President of
41the Massachusetts District Attorney Association or designee; three of whom have past histories
42of incarceration to be appointed by the Secretary of the Executive Office of Public Safety and
43Security; and no less than four of whom to be appointed by the Governor, including
44representatives of two organizations dedicated to serving justice-involved young adults. Said
45members shall elect a chairperson and shall meet at least quarterly for a minimum of two year
46terms as set by the Secretary. The Council shall submit a report annually by July 1 to the
47governor and the clerks of the senate and house. The report shall include: (i) data related to the
48percentage of applications received; (ii) periodic benchmarks for, and strategies to achieve, any
49stated goals; (iii) data demonstrating the number and percentage of decisions that were accepted
50by media outlets; and (iv) any additional recommendations or findings.