Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S940 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. 1907 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 940
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
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 bill:
12	12	An Act promoting diversion of juveniles to community supervision and services.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexSal N. DiDomenicoMiddlesex and Suffolk2/9/2023Jack Patrick Lewis7th Middlesex2/9/2023 1 of 4
16	16	SENATE DOCKET, NO. 1907 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 940
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 940) of Cynthia Stone Creem, Sal N.
19	19	DiDomenico and Jack Patrick Lewis for legislation relative to judicial supervision to promote
20	20	child well-being. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 984 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act promoting diversion of juveniles to community supervision and services.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 54A of chapter 119 of the General Laws, as appearing in the 2020
32	32	2Official Edition, is hereby amended by inserting after the word “assessment”, in line 16, the
33	33	3following sentence:-
34	34	4 Any referral to the juvenile court for a child requiring assistance as defined in section
35	35	5twenty-one, in accordance with the provisions of this section and of sections thirty-nine F to
36	36	6thirty-nine I, inclusive, shall not disqualify said child from diversion.
37	37	7 SECTION 2. Said section 54A of chapter 119 of the General Laws is hereby further
38	38	8amended by inserting after the word “proceedings”, in line 38, the following words:-
39	39	9 “, after consultation with legal counsel,” 2 of 4
40	40	10 SECTION 3. Said section 54A of chapter 119 of the General Laws is hereby further
41	41	11amended by striking out, in line 45, the words “(iv) any statement made by the child or the
42	42	12child’s family during the course of assessment” and inserting in place thereof the following
43	43	13language:-
44	44	14 (iv) any statement made by the child or the child’s family during the course of
45	45	15assessment; and (v) information obtained during the course of the assessment.
46	46	16 SECTION 4. Said section 54A of chapter 119 of the General Laws is hereby further
47	47	17amended by striking out, in line 87, the word “may” and inserting in place thereof the word:-
48	48	18“shall”
49	49	19 SECTION 5. Said section 54A of chapter 119 of the General Laws is hereby further
50	50	20amended by inserting after the words “any records of the”, in line 101, the following words:-
51	51	21 “assessment and the”
52	52	22 SECTION 6. Said Section 54A of chapter 119 of the General Laws is hereby further
53	53	23amended by striking subsection (g) and inserting in place thereof the following subsection:-
54	54	24 (g) (1) A child otherwise eligible for diversion pursuant to this section shall not be
55	55	25eligible for diversion:
56	56	26 (i) if the child is indicted as a youthful offender;
57	57	27 (ii) if the child is charged with an offense that cannot be continued without a finding or
58	58	28placed on file; 3 of 4
59	59	29 (iii) unless there is concurrent district court jurisdiction for such offense, if the child is
60	60	30charged with an offense for which a penalty of incarceration greater than five years may be
61	61	31imposed or for which there is minimum term penalty of incarceration; or
62	62	32 (iv) if the child is charged with an offense listed under the second sentence of section 70C
63	63	33of chapter 277; provided however, that a child shall be eligible for diversion if the child is
64	64	34charged with an offense under:
65	65	35 (A) paragraph (a) of subdivision (2) of section 24 of chapter 90,
66	66	36 (B) subsection (a) of section 13A of chapter 265;
67	67	37 (C) the first paragraph of section 13D of chapter 265;
68	68	38 (D) subsection (a) of section13M, subsection of chapter 265
69	69	39 (E) (b) of section 15A of chapter 265
70	70	40 (F) subsection (b) of section 15B of chapter 265;
71	71	41 (G) section13A of chapter 268; or
72	72	42 (H) Section 13C of said chapter 268
73	73	43 Diversion of juvenile court charges under this chapter shall not preclude a subsequent
74	74	44indictment on the same charges in superior court.
75	75	45 SECTION 7. Chapter 276 of the General Laws is hereby amended by inserting after
76	76	46section 100U, the following section:- 4 of 4
77	77	47 Section 100V. Notwithstanding any other provision to the contrary, after an arrest of a
78	78	48person under the age of criminal majority, law enforcement and criminal justice agencies shall
79	79	49not transmit fingerprints and any records related to the arrest or filing of a court case against the
80	80	50person to the Federal Bureau of Investigation or the Department of Justice for any offense that
81	81	51occurred before the age of criminal majority, except for purposes of requesting that the Federal
82	82	52Bureau of Investigation or the Department of Justice seal or expunge its records as required by
83	83	53section 100T of this chapter and section 36 of chapter 22C of the General Laws.