Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2561 Compare Versions

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Old	New	Differences
1	1	1 of 5
2	2	FILED ON: 1/19/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2561
4	4	Senate, January 18, 2024-- Text of the Senate Bill relative to archaic laws (Senate, No. 2561)
5	5	(being the text of Senate, No. 2551, printed as amended)
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	An Act relative to archaic laws.
12	12	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
13	13	of the same, as follows:
14	14	1 SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following
15	15	2section:-
16	16	3 Section 76. (a) There shall be a permanent law revision commission consisting of: the
17	17	4chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; the
18	18	5attorney general or a designee; 4 attorneys admitted to practice law in the commonwealth, 1 of
19	19	6whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of
20	20	7the house of representatives, 1 of whom shall be appointed by the minority leader of the senate
21	21	8and 1 of whom shall be appointed by the minority leader of the house of representatives; 1
22	22	9person appointed by the Massachusetts District Attorneys Association; 1 person appointed by the
23	23	10committee for public counsel services; and 3 persons appointed by the governor, 1 of whom shall
24	24	11be a retired judge, 1 of whom shall be a faculty member of an accredited law school in the
25	25	12commonwealth and 1 of whom shall be a historian with expertise in the laws of the
26	26	13commonwealth. 2 of 5
27	27	14 (b) The counsel to the senate and the counsel to the house of representatives shall jointly
28	28	15provide personnel necessary to coordinate the activities of the commission and assist the
29	29	16commission in drafting legislative proposals, as requested.
30	30	17 (c) The appointed members of the commission shall serve staggered 4-year terms.
31	31	18Vacancies in the membership of the commission shall be filled by the original appointing
32	32	19authority for the balance of the unexpired term.
33	33	20 (d) The commission shall: (i) examine the common law, statutes of the commonwealth
34	34	21and judicial decisions for the purpose of identifying defects and anachronisms in the law and
35	35	22recommending needed reforms; (ii) receive and consider proposed changes in the law
36	36	23recommended by the American Law Institute, the National Conference of Commissioners on
37	37	24Uniform State Laws, any bar association and any other learned body; (iii) receive and consider
38	38	25suggestions as to defects and anachronisms in the law from judges, justices, public officials,
39	39	26lawyers and the public; (iv) recommend changes in the law to modify or eliminate antiquated and
40	40	27inequitable rules of law and to bring the law into harmony with modern conditions; (v)
41	41	28recommend the express repeal of statutes repealed by implication or held unconstitutional by a
42	42	29state or federal court; (vi) evaluate and make recommendations on the consolidation of session
43	43	30laws into the General Laws; and (vii) make recommendations to improve the openness and
44	44	31accessibility of state laws, including the use of open-source software tools.
45	45	32 (e) The commission shall meet not less than 4 times annually. At the close of each regular
46	46	33session of the general court, the commission shall submit a report of its findings and
47	47	34recommendations, including drafts of any proposed legislation, to the clerks of the senate and the 3 of 5
48	48	35house of representatives, the house and senate committees on ways and means and the joint
49	49	36committee on the judiciary.
50	50	37 SECTION 2. Section 37 of chapter 22C of the General Laws, as appearing in the 2022
51	51	38Official Edition, is hereby amended by striking out, in lines 8 and 9, the words “sixteen,
52	52	39seventeen, thirty-four or thirty-five of chapter two hundred and seventy-two” and inserting in
53	53	40place thereof the following words:- 16, 17 or 35 of chapter 272.
54	54	41 SECTION 3. Section 20B of chapter 127 of the General Laws, as so appearing, is hereby
55	55	42amended by striking out, in line 41, the words “, 34 or 35”.
56	56	43 SECTION 4. Section 49 of said chapter 127, as so appearing, is hereby amended by
57	57	44striking out, in line 11, the words “, 34, or 35,”.
58	58	45 SECTION 5. Section 49B of said chapter 127, as so appearing, is hereby amended by
59	59	46striking out, in lines 24 and 25, the words “, thirty-four, thirty-five”.
60	60	47 SECTION 6. Section 49C of said chapter 127, as so appearing, is hereby amended by
61	61	48striking out, in lines 21 and 22, the words “, thirty-four, thirty-five,”.
62	62	49 SECTION 7. Section 90A of said chapter 127, as so appearing, is hereby amended by
63	63	50striking out, in lines 14 and 15, the words “seventeen, thirty-four, thirty-five, or section thirty-
64	64	51five A of chapter two hundred and seventy-two” and inserting in place thereof the following
65	65	52words:- 17, 35 or 35A of chapter 272.
66	66	53 SECTION 8. Section 143 of said chapter 127 is hereby repealed.
67	67	54 SECTION 9. Section 4C of chapter 260 of the General Laws, as appearing in the 2022
68	68	55Official Edition, is hereby amended by striking out, in lines 14 and 15, the word “, thirty-four”. 4 of 5
69	69	56 SECTION 10. Section 34 of chapter 272 of the General Laws is hereby repealed.
70	70	57 SECTION 11. Said chapter 272 is hereby further amended by striking out section 35, as
71	71	58appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
72	72	59 Section 35. Whoever commits a lewd and lascivious act with another person in public
73	73	60with the intent of public exposure or with reckless disregard of substantial risk of public
74	74	61exposure shall be punished by a fine of not more than $200, by imprisonment in a jail or house of
75	75	62correction for not more than 6 months or by both such fine and imprisonment.
76	76	63 SECTION 12. Section 36 of said chapter 272 is hereby repealed.
77	77	64 SECTION 13. Section 53 of said chapter 272, as appearing in the 2022 Official Edition,
78	78	65is hereby amended by striking out, in lines 1 and 2, the words “Common night walkers, common
79	79	66street walkers, both male and female, persons” and inserting in place thereof the following
80	80	67word:- Persons.
81	81	68 SECTION 14. Section 62 of said chapter 272 is hereby repealed.
82	82	69 SECTION 15. Section 57 of chapter 276 of the General Laws, as appearing in the 2022
83	83	70Official Edition, is hereby amended by striking out, in lines 123 and 124, the words “or section
84	84	71thirty-four or thirty-five of chapter two hundred and seventy-two,”.
85	85	72 SECTION 16. Section 45 of chapter 277 of the General Laws is hereby repealed.
86	86	73 SECTION 17. Section 63 of said chapter 277, as appearing in the 2022 Official Edition,
87	87	74is hereby amended by striking out, in line 29, the figures “, 34, 35”. 5 of 5
88	88	75 SECTION 18. Section 79 of said chapter 277, as so appearing, is hereby amended by
89	89	76striking out, in line 218, the words “common nightwalker” and inserting in place thereof the
90	90	77following word:- “person”.
91	91	78 SECTION 19. Said section 79 of said chapter 277, as so appearing, is hereby further
92	92	79amended by striking out, in lines 427 to 429, inclusive, the words “Sodomy, etc. (Under Chap.
93	93	80272, Sec. 34.)—That A.B. did commit the abominable and detestable crime against nature with a
94	94	81(state the person or beast).”.
95	95	82 SECTION 20. Said section 79 of said chapter 277, as so appearing, is hereby further
96	96	83amended by striking out, in lines 444 and 445, the words “Unnatural act. (Under Chap. 272, Sec.
97	97	8435.)—That A.B. did commit an unnatural and lascivious act with one C.D.”.
98	98	85 SECTION 21. The initial terms of the first members of the law revision commission shall
99	99	86be staggered as follows: the attorney appointed by the speaker of the house of representatives,
100	100	87attorney appointed by the senate president, attorney appointed by the minority leader of the
101	101	88senate and attorney appointed by the minority leader of the house of representatives shall serve
102	102	89initial terms of 4 years; the persons appointed by the governor shall serve initial terms of 3 years;
103	103	90and the person appointed by the Massachusetts District Attorneys Association and person
104	104	91appointed by the committee for public counsel services shall serve initial terms of 2 years.