Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1660 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4105 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1660
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 relative to juvenile fines, fees, and restitution.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/17/2025 1 of 7
16	16	HOUSE DOCKET, NO. 4105 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1660
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1660) of
19	19	Marjorie C. Decker relative to juvenile fees, fines, and restitution. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act relative to juvenile fines, fees, and restitution.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 178Q of Chapter 6, as appearing in the General Laws, as appearing
29	29	2in the 2022 Official Edition, is hereby amending by inserting after “upon every sex offender” the
30	30	3following:
31	31	4 except those who committed their offense while under the age of criminal majority.
32	32	5 SECTION 2. Chapter 119, as appearing in the General Law is hereby amended by
33	33	6striking out Section 29A.
34	34	7 SECTION 3. Section 55 of Chapter 119 of the General Laws is hereby amended by
35	35	8striking out the following words from the first paragraph:-
36	36	9 A parent, guardian or person with whom such child resides who is summoned to appear
37	37	10before the court to show cause why such child shall not be adjudged a delinquent child by reason
38	38	11of having committed the offense of wilful or malicious destruction or wanton destruction of
39	39	12property, in violation of the provisions of section one hundred and twenty-seven or one hundred 2 of 7
40	40	13and twenty-seven A of chapter two hundred and sixty-six, and who wilfully fails to so appear
41	41	14shall be punished by a fine of not less than two hundred nor more than three hundred dollars.
42	42	15 SECTION 4. Section 58B of Chapter 119 of the General Laws is hereby amended by
43	43	16inserting after the words “section sixty-two” the following words:-
44	44	17 subject to a determination of the youth's ability to pay. Restitution shall not be ordered in
45	45	18excess of the youth’s ability to pay and the length of time it may take a youth to pay may not be
46	46	19considered in determining the length of probation.”, and by amending it further by striking out
47	47	20the following words “; and in addition to or in lieu of such disposition, the court may impose
48	48	21upon such child a fine not exceeding the amount of the fine authorized for the violation of such
49	49	22statute, by-law, ordinance or regulation. Any fine imposed under the authority of this section
50	50	23shall be collected, recovered and paid over in the manner provided by chapters two hundred and
51	51	24seventy-nine and two hundred and eighty; provided, however, that if any child shall neglect, fail
52	52	25or refuse to pay a fine imposed under this section, he may be arrested upon order of the court and
53	53	26brought before the court, which may thereupon place him in the care of a probation officer or
54	54	27commit him to the custody of the department of youth services; but no such child shall be
55	55	28committed to any jail, house of correction, or correctional institution of the commonwealth.
56	56	29 SECTION 5. Chapter 119, as appearing in the General Law is hereby amended by adding
57	57	30the following section:
58	58	31 Section 58C. Notwithstanding any general or special law or rule or regulation to the
59	59	32contrary, no fine or fee shall apply to any person based on an offense committed while under the
60	60	33age of criminal majority or the person’s parent, guardian, or legal custodian. 3 of 7
61	61	34 SECTION 6. Section 59 of Chapter 119, as appearing in the General Law, is hereby
62	62	35amended by inserting after “warrant for his arrest” the following language:
63	63	36 except that a warrant may not issue solely for nonpayment of fines or fees.
64	64	37 SECTION 7. Section 62 of Chapter 119 of the General Laws is hereby amended by
65	65	38striking, in lines 4 to 10, the following words, “the court may require, as a condition thereof, that
66	66	39he shall make restitution or reparation to the injured person to such an extent and in such sum as
67	67	40the court determines. If the payment is not made at once, it shall be made to the probation
68	68	41officer, who shall give a receipt therefor, keep a record of the payment, pay the money to said
69	69	42injured person, and keep on file his receipt therefor.” And replacing in place thereof the
70	70	43following words:-
71	71	44 the court may hold a restitution hearing. There shall be no mandatory order of restitution,
72	72	45and any order shall be made at the discretion of the presiding judge. At a restitution hearing, the
73	73	46court shall make a determination of a youth’s ability to pay. The amount set may not exceed the
74	74	47youth’s ability to pay and the length of time it may take a youth to pay may not be taken into
75	75	48consideration in determining the length of probation. The youth’s term of probation shall not be
76	76	49extended or revoked solely based upon the nonpayment of restitution. There shall be a
77	77	50presumption of inability to pay, which may be rebutted at a restitution hearing by evidence
78	78	51establishing that the youth (1) has an income that is 250% of the federal poverty line,
79	79	52independent of parental or other family income; (2) is not currently incarcerated, detained, or in
80	80	53out-of-home placement, and (3) is not receiving needs-tested government benefits, including but
81	81	54not limited to free school lunch, SNAP, TANF, SSI, or housing assistance. A juvenile for whom
82	82	55restitution is ordered who is not able to make restitution payments in the manner ordered by the 4 of 7
83	83	56court may move the court for a modification of the restitution order. If the court determines the
84	84	57juvenile is unable to pay the restitution in the time and manner ordered, the court may modify its
85	85	58prior order to allow additional time for payment, reduce the amount of restitution, or eliminate
86	86	59the amount of restitution ordered.
87	87	60 SECTION 8. Section 63 of Chapter 119, as appearing in the General Law, is hereby
88	88	61amended by inserting after “any person” the following:
89	89	62 over the age of criminal majority
90	90	63 SECTION 9. Section 145 of Chapter 127, as appearing in the General Law, is hereby
91	91	64amended by striking section (e) and replacing it with the following:
92	92	65 (e) A justice of the trial court shall not commit a person to a prison, place of confinement
93	93	66or the department of youth services solely for the non-payment of money based on conduct that
94	94	67occurred committed while under the age of criminal majority.
95	95	68 SECTION 10. Section 2 of Chapter 211D, as appearing in the General Law is hereby
96	96	69amended by inserting, in line 6, after the words, “fee for the appointment of counsel”, the
97	97	70following words:-
98	98	71 , except that no one accused of committing an offense while under the age of criminal
99	99	72majority will be assessed any fee for the appointment of counsel
100	100	73 SECTION 11. Section 2A of Chapter 211D, as appearing in the General Law is hereby
101	101	74amended by striking out, in line 1 and in line 106, the words “under 18 years of age,” and
102	102	75inserting in place thereof the following:
103	103	76 under the age of criminal majority 5 of 7
104	104	77 SECTION 12. Section 8 of Chapter 258B, as appearing in the General Law is hereby
105	105	78amended by striking, in line 2 and in line 6, the following words:- “who has attained the age of
106	106	79seventeen years and”
107	107	80 SECTION 13. Said section 8 of Chapter 258B, as appearing in the General Law is further
108	108	81amended by striking the following sentence:- “The court shall impose an assessment of $45
109	109	82against any person who has attained the age of fourteen years and who is adjudicated a
110	110	83delinquent child or against whom a finding of sufficient facts for a finding of delinquency is
111	111	84made.”
112	112	85 SECTION 14. Said section 8 of Chapter 258B, as appearing in the General Law is further
113	113	86amended by striking, in line 16, the following words:- “or adjudication”
114	114	87 SECTION 15. Said section 8 of Chapter 258B, as appearing in the General Law is further
115	115	88amended by striking, in lines 29 to 31, the following words:- “; provided, however, that the total
116	116	89assessment against a person who has not attained seventeen years shall not exceed thirty dollars”
117	117	90 SECTION 16. Said section 8 of Chapter 258B, as appearing in the General Law is further
118	118	91amended by striking, in lines 59 to 60 and in lines 61 to 62, the following words:- “or
119	119	92adjudication of delinquency”
120	120	93 SECTION 17. Section 1 of Chapter 258C of the General Laws is hereby amended by
121	121	94striking, in lines 58 to 59, the words, “''Victim'', a person who suffers personal physical or
122	122	95psychological injury or death and inserting in place thereof:-
123	123	96 ''Victim'', a person who suffers a financial loss as the result of a crime committed by a
124	124	97person under the age of criminal majority; personal physical or psychological injury; or death: 6 of 7
125	125	98 SECTION 18. Section 2 of Chapter 258C of the General Laws is hereby amended by
126	126	99striking subsection (a) and inserting in place thereof:-
127	127	100 (a) No compensation shall be paid under this chapter unless the division finds that a
128	128	101crime was committed and that such crime (i) was committed by a person under the age of
129	129	102criminal majority and resulted in a financial loss to the victim or (ii) directly resulted in personal
130	130	103physical or psychological injury to, or death of, the victim.
131	131	104 SECTION 19. Section 2 of Chapter 258C of the General Laws is hereby amended by
132	132	105striking subsection (c) and inserting in place thereof:-
133	133	106 (c) A claimant shall be eligible for compensation only if such claimant cooperates with
134	134	107law enforcement authorities in the investigation and prosecution of the crime in which the victim
135	135	108suffered a financial loss as a result of a crime committed by a person under the age of criminal
136	136	109majority or was injured or killed unless the claimant demonstrates that he possesses or possessed
137	137	110a reasonable excuse for failing to cooperate.
138	138	111 SECTION 20. Section 47 of Chapter 265, as appearing in the General Laws, is hereby
139	139	112amended by inserting, in line 25, after the words “paid by the probationer,” the following words:-
140	140	113 over the age of criminal majority
141	141	114 SECTION 21. Section 30 of Chapter 276, as appearing in the General Laws, is hereby
142	142	115amended by inserting in the first sentence after the words “any person,” the following words:-
143	143	116 excepting individuals alleged to have committed an offense while under the age of
144	144	117criminal majority, 7 of 7
145	145	118 SECTION 22. Section 87A of Chapter 276, as appearing in the General Laws, is hereby
146	146	119amended by striking out the words, or (ii) solely on the basis of possession or use of medical
147	147	120marijuana obtained in compliance with and in quantities consistent with applicable state
148	148	121regulations if that person received a written certification from a healthcare professional for the
149	149	122use of medical marijuana to treat a debilitating medical condition and the person possesses a
150	150	123valid medical marijuana registration card and if the quantity in the person's possession is not
151	151	124greater than the amount recommended in the healthcare professional's written certification.” and
152	152	125inserting in place thereof, the following words:-
153	153	126 (ii) solely on the basis of possession or use of medical marijuana obtained in compliance
154	154	127with and in quantities consistent with applicable state regulations if that person received a written
155	155	128certification from a healthcare professional for the use of medical marijuana to treat a debilitating
156	156	129medical condition and the person possesses a valid medical marijuana registration card and if the
157	157	130quantity in the person's possession is not greater than the amount recommended in the healthcare
158	158	131professional's written certification. or (iii) solely on the basis of nonpayment of a fine, fee or
159	159	132other monetary obligation imposed as a result of an offense committed while under the age of
160	160	133criminal majority.
161	161	134 SECTION 23. Section 6 of Chapter 280, as appearing in the General Laws, is hereby
162	162	135amended, in line 6, after the words “criminal defendant” the following words:-
163	163	136 over the age of criminal majority
164	164	137 SECTION 24. On the effective date of this section, the balance of any court-assessed or
165	165	138court-ordered fines or costs imposed against a juvenile, or other person who is liable for the
166	166	139support of a juvenile, are unenforceable and not collectable.