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| 2 | 2 | | HOUSE DOCKET, NO. 3434 FILED ON: 1/17/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1695 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Brandy Fluker-Reid |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act promoting diversion of juveniles to community supervision and services. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/17/2025Erika Uyterhoeven27th Middlesex2/6/2025Russell E. Holmes6th Suffolk3/11/2025 1 of 4 |
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| 16 | 16 | | HOUSE DOCKET, NO. 3434 FILED ON: 1/17/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1695 |
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| 18 | 18 | | By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 1695) of |
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| 19 | 19 | | Brandy Fluker-Reid, Erika Uyterhoeven and Russell E. Holmes relative to promoting diversion |
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| 20 | 20 | | of juveniles to community supervision and services. The Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 1495 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act promoting diversion of juveniles to community supervision and services. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 54A of chapter 119 of the General Laws, as appearing in the 2024 |
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| 32 | 32 | | 2Official Edition, is hereby amended by inserting, in line 16, after the word “assessment” the |
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| 33 | 33 | | 3following sentence:- |
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| 34 | 34 | | 4 Any referral to the juvenile court for a child requiring assistance as defined in section |
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| 35 | 35 | | 5twenty-one, in accordance with the provisions of this section and of sections thirty-nine F to |
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| 36 | 36 | | 6thirty-nine I, inclusive, shall not disqualify said child from diversion. |
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| 37 | 37 | | 7 SECTION 2. Said section 54A of chapter 119 of the General Laws is hereby further |
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| 38 | 38 | | 8amended by inserting, in line 38, after the word “proceedings” the following words:- |
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| 39 | 39 | | 9 “, after consultation with legal counsel,” 2 of 4 |
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| 40 | 40 | | 10 SECTION 3. Said section 54A of chapter 119 of the General Laws is hereby further |
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| 41 | 41 | | 11amended by striking out, in line 45, the words “(iv) any statement made by the child or the |
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| 42 | 42 | | 12child’s family during the course of assessment” and inserting in place thereof the following |
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| 43 | 43 | | 13words:- |
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| 44 | 44 | | 14 (iv) any statement made by the child or the child’s family during the course of |
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| 45 | 45 | | 15assessment; and (v) information obtained during the course of the assessment. |
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| 46 | 46 | | 16 SECTION 4. Subsection (d) of said section 54A of chapter 119 of the General Laws is |
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| 47 | 47 | | 17hereby amended by inserting after the last sentence the sentence:- “A case diverted by a district |
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| 48 | 48 | | 18attorney shall not be considered an issuance of a criminal complaint for the purposes of section |
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| 49 | 49 | | 1937H½ of chapter 71.” |
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| 50 | 50 | | 20 SECTION 5. Said section 54A of chapter 119 of the General Laws is hereby further |
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| 51 | 51 | | 21amended by striking out, in line 87, the word “may” and inserting in place thereof the word:- |
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| 52 | 52 | | 22“shall” |
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| 53 | 53 | | 23 SECTION 6. Said section 54A of chapter 119 of the General Laws is hereby further |
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| 54 | 54 | | 24amended by inserting after the words “any records of the”, in line 101, the following words:- |
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| 55 | 55 | | 25 “assessment and the” |
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| 56 | 56 | | 26 SECTION 7. Said Section 54A of chapter 119 of the General Laws is hereby further |
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| 57 | 57 | | 27amended by striking subsection (g) and inserting in place thereof the following subsection:- |
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| 58 | 58 | | 28 (g) (1) A child otherwise eligible for diversion pursuant to this section shall not be |
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| 59 | 59 | | 29eligible for diversion: |
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| 60 | 60 | | 30 (i) if the child is indicted as a youthful offender; 3 of 4 |
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| 61 | 61 | | 31 (ii) if the child is charged with an offense that cannot be continued without a finding or |
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| 62 | 62 | | 32placed on file; |
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| 63 | 63 | | 33 (iii) unless there is concurrent district court jurisdiction for such offense, if the child is |
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| 64 | 64 | | 34charged with an offense for which a penalty of incarceration greater than five years may be |
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| 65 | 65 | | 35imposed; or |
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| 66 | 66 | | 36 (iv) if the child is charged with an offense listed under the second sentence of section 70C |
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| 67 | 67 | | 37of chapter 277; provided however, that a child shall be eligible for diversion if the child is |
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| 68 | 68 | | 38charged with an offense under: |
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| 69 | 69 | | 39 (A) paragraph (a) of subdivision (2) of section 24 of chapter 90; |
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| 70 | 70 | | 40 (B) subsection (a) of section 13A of chapter 265; |
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| 71 | 71 | | 41 (C) the first paragraph of section 13D of chapter 265; |
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| 72 | 72 | | 42 (D) subsection (a) of section13M, subsection of chapter 265 |
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| 73 | 73 | | 43 (E) (b) of section 15A of chapter 265 |
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| 74 | 74 | | 44 (F) subsection (b) of section 15B of chapter 265; |
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| 75 | 75 | | 45 (G) section13A of chapter 268; or |
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| 76 | 76 | | 46 (H) Section 13C of said chapter 268. |
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| 77 | 77 | | 47 Diversion of juvenile court charges under this chapter shall not preclude a subsequent |
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| 78 | 78 | | 48indictment on the same charges in superior court. 4 of 4 |
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| 79 | 79 | | 49 SECTION 7. Chapter 276 of the General Laws is hereby amended by inserting after |
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| 80 | 80 | | 50section 100U, the following section:- |
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| 81 | 81 | | 51 Section 100V. Notwithstanding any other provision to the contrary, after an arrest of a |
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| 82 | 82 | | 52person under the age of criminal majority, law enforcement and criminal justice agencies shall |
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| 83 | 83 | | 53not transmit fingerprints and any records related to the arrest or filing of a court case against the |
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| 84 | 84 | | 54person to the Federal Bureau of Investigation or the Department of Justice for any offense that |
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| 85 | 85 | | 55occurred before the age of criminal majority, except for purposes of requesting that the Federal |
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| 86 | 86 | | 56Bureau of Investigation or the Department of Justice seal or expunge its records as required by |
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| 87 | 87 | | 57section 100T of this chapter and section 36 of chapter 22C of the General laws. |
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