Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2551 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2551
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, January 16, 2024.
8	8	The committee on Senate Ways and Means to whom was referred the Senate Bill relative
9	9	to archaic laws (Senate, No. 2457), - reports, recommending that the same ought to pass with an
10	10	amendment substituting a new draft with the same title (Senate, No. 2551).
11	11	For the committee,
12	12	Michael J. Rodrigues 1 of 5
13	13	FILED ON: 1/12/2024
14	14	SENATE . . . . . . . . . . . . . . No. 2551
15	15	The Commonwealth of Massachusetts
16	16	_______________
17	17	In the One Hundred and Ninety-Third General Court
18	18	(2023-2024)
19	19	_______________
20	20	An Act relative to archaic laws.
21	21	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
22	22	of the same, as follows:
23	23	1 SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following
24	24	2section:-
25	25	3 Section 76. (a) There shall be a permanent law revision commission consisting of: the
26	26	4chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; the
27	27	5attorney general or a designee; 4 attorneys admitted to practice law in the commonwealth, 1 of
28	28	6whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of
29	29	7the house of representatives, 1 of whom shall be appointed by the minority leader of the senate
30	30	8and 1 of whom shall be appointed by the minority leader of the house of representatives; 1
31	31	9person appointed by the Massachusetts District Attorneys Association; 1 person appointed by the
32	32	10committee for public counsel services; and 3 persons appointed by the governor, 1 of whom shall
33	33	11be a retired judge, 1 of whom shall be a faculty member of an accredited law school in the
34	34	12commonwealth and 1 of whom shall be a historian with expertise in the laws of the
35	35	13commonwealth. 2 of 5
36	36	14 (b) The counsel to the senate and the counsel to the house of representatives shall jointly
37	37	15provide personnel necessary to coordinate the activities of the commission and assist the
38	38	16commission in drafting legislative proposals, as requested.
39	39	17 (c) The appointed members of the commission shall serve staggered 4-year terms.
40	40	18Vacancies in the membership of the commission shall be filled by the original appointing
41	41	19authority for the balance of the unexpired term.
42	42	20 (d) The commission shall: (i) examine the common law, statutes of the commonwealth
43	43	21and judicial decisions for the purpose of identifying defects and anachronisms in the law and
44	44	22recommending needed reforms; (ii) receive and consider proposed changes in the law
45	45	23recommended by the American Law Institute, the National Conference of Commissioners on
46	46	24Uniform State Laws, any bar association and any other learned body; (iii) receive and consider
47	47	25suggestions as to defects and anachronisms in the law from judges, justices, public officials,
48	48	26lawyers and the public; (iv) recommend changes in the law to modify or eliminate antiquated and
49	49	27inequitable rules of law and to bring the law into harmony with modern conditions; (v)
50	50	28recommend the express repeal of statutes repealed by implication or held unconstitutional by a
51	51	29state or federal court; (vi) evaluate and make recommendations on the consolidation of session
52	52	30laws into the General Laws; and (vii) make recommendations to improve the openness and
53	53	31accessibility of state laws, including the use of open-source software tools.
54	54	32 (e) The commission shall meet not less than 4 times annually. At the close of each regular
55	55	33session of the general court, the commission shall submit a report of its findings and
56	56	34recommendations, including drafts of any proposed legislation, to the clerks of the senate and the 3 of 5
57	57	35house of representatives, the house and senate committees on ways and means and the joint
58	58	36committee on the judiciary.
59	59	37 SECTION 2. Section 20B of chapter 127 of the General Laws, as appearing in the 2022
60	60	38Official Edition, is hereby amended by striking out, in line 41, the words “, 34 or 35”.
61	61	39 SECTION 3. Section 49 of said chapter 127, as so appearing, is hereby amended by
62	62	40striking out, in line 11, the words “, 34, or 35,”.
63	63	41 SECTION 4. Section 49B of said chapter 127, as so appearing, is hereby amended by
64	64	42striking out, in lines 24 and 25, the words “, thirty-four, thirty-five”.
65	65	43 SECTION 5. Section 49C of said chapter 127, as so appearing, is hereby amended by
66	66	44striking out, in lines 21 and 22, the words “, thirty-four, thirty-five,”.
67	67	45 SECTION 6. Section 143 of said chapter 127 is hereby repealed.
68	68	46 SECTION 7. Section 34 of chapter 272 of the General Laws is hereby repealed.
69	69	47 SECTION 8. Said chapter 272 is hereby further amended by striking out section 35, as
70	70	48appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
71	71	49 Section 35. Whoever commits a lewd and lascivious act with another person in public
72	72	50with the intent of public exposure or with reckless disregard of substantial risk of public
73	73	51exposure shall be punished by a fine of not more than $200, by imprisonment in a jail or house of
74	74	52correction for not more than 6 months or by both such fine and imprisonment. 4 of 5
75	75	53 SECTION 9. Section 53 of said chapter 272, as so appearing, is hereby amended by
76	76	54striking out, in lines 1 and 2, the words “Common night walkers, common street walkers, both
77	77	55male and female, persons” and inserting in place thereof the following word:- Persons.
78	78	56 SECTION 10. Section 62 of said chapter 272 is hereby repealed.
79	79	57 SECTION 11. Section 57 of chapter 276 of the General Laws, as appearing in the 2022
80	80	58Official Edition, is hereby amended by striking out, in lines 123 and 124, the words “or section
81	81	59thirty-four or thirty-five of chapter two hundred and seventy-two,”.
82	82	60 SECTION 12. Section 45 of chapter 277 of the General Laws is hereby repealed.
83	83	61 SECTION 13. Section 63 of said chapter 277, as appearing in the 2022 Official Edition,
84	84	62is hereby amended by striking out, in line 29, the figures “, 34, 35”.
85	85	63 SECTION 14. Section 79 of said chapter 277, as so appearing, is hereby amended by
86	86	64striking out, in lines 427 to 429, inclusive, the words “Sodomy, etc. (Under Chap. 272, Sec.
87	87	6534.)—That A.B. did commit the abominable and detestable crime against nature with a (state the
88	88	66person or beast).”.
89	89	67 SECTION 15. Said section 79 of said chapter 277, as so appearing, is hereby further
90	90	68amended by striking out, in lines 444 and 445, the words “Unnatural act. (Under Chap. 272, Sec.
91	91	6935.)—That A.B. did commit an unnatural and lascivious act with one C.D.”.
92	92	70 SECTION 16. The initial terms of the first members of the law revision commission shall
93	93	71be staggered as follows: the attorney appointed by the speaker of the house of representatives,
94	94	72attorney appointed by the senate president, attorney appointed by the minority leader of the
95	95	73senate and attorney appointed by the minority leader of the house of representatives shall serve 5 of 5
96	96	74initial terms of 4 years; the persons appointed by the governor shall serve initial terms of 3 years;
97	97	75and the person appointed by the Massachusetts District Attorneys Association and person
98	98	76appointed by the committee for public counsel services shall serve initial terms of 2 years.