Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1980 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2929 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1980
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lindsay N. Sabadosa
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 to promote the health and safety of people in the sex trade.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/16/2025Mike Connolly26th Middlesex3/5/2025Samantha Montaño15th Suffolk3/5/2025 1 of 7
16	16	HOUSE DOCKET, NO. 2929 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1980
18	18	By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1980)
19	19	of Lindsay N. Sabadosa, Mike Connolly and Samantha Montaño relative to the expungement of
20	20	certain marijuana and prostitution-related records. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to promote the health and safety of people in the sex trade.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 7 of chapter 4, as appearing in the 2018 Official Edition, is hereby
30	30	2amended by inserting after the sixty-first definition the following definitions:
31	31	3 Sixty-second, "Commercial sex" shall mean a sexual act or contact with another person in
32	32	4return for giving or receiving anything of value.
33	33	5 Sixty-third, "Sex worker" shall mean a person who provides a sexual act or contact with
34	34	6another person in return for receiving anything of value.
35	35	7 SECTION 2. Subsection (a) of section 53 of chapter 272 of the General Laws is hereby
36	36	8amended by striking out the words “Common night walkers, common street walkers, both male
37	37	9and female.”
38	38	10 SECTION 3. Subsections (a) and (b) of section 53A of chapter 272 are hereby repealed.
39	39	11 SECTION 4. Section 8 of chapter 272 of the General Laws is hereby repealed. 2 of 7
40	40	12 SECTION 5. Section 62 of chapter 272 of the General Laws is hereby repealed.
41	41	13 SECTION 6. Section 7 of chapter 272 of the General Laws is hereby stricken and
42	42	14replaced with the following:
43	43	15 Section 7: Support from, or sharing, earnings of prostitute
44	44	16 Whoever, knowing a person to be a prostitute, shall live or derive support or
45	45	17maintenance, in whole or in part, from the earnings or proceeds of his prostitution, from moneys
46	46	18loaned, advanced to or charged against him by any keeper or manager or inmate of a house or
47	47	19other place where prostitution is practiced or allowed, or shall share in such earnings, proceeds
48	48	20or moneys, shall be punished by imprisonment in the state prison for a period of five years and
49	49	21by a fine of five thousand dollars. This section shall not be used to prosecute one or more sex
50	50	22workers occupying a house or other place of prostitution who share their own earnings, proceeds
51	51	23or moneys.
52	52	24 The sentence of imprisonment imposed under this section shall not be reduced to less
53	53	25than two years, nor suspended, nor shall any person convicted under this section be eligible for
54	54	26probation, parole, or furlough or receive any deduction from his sentence for good conduct or
55	55	27otherwise until he shall have served two years of such sentence. Prosecutions commenced under
56	56	28this section shall not be continued without a finding nor placed on file.
57	57	29 SECTION 7: Section 50 of chapter 265 of the General Laws is hereby stricken and
58	58	30replaced with the following: 3 of 7
59	59	31 Section 50. Trafficking of persons for sexual servitude; trafficking of persons under 18
60	60	32years for sexual servitude; trafficking by business entities; penalties; tort actions brought by
61	61	33victims
62	62	34 (a) Whoever knowingly, and through use of threat, force, fraud or coercion: (i) subjects,
63	63	35or attempts to subject, or recruits, entices, harbors, transports, provides or obtains by any means,
64	64	36or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person to
65	65	37engage in commercial sexual activity, a sexually-explicit performance or the production of
66	66	38unlawful pornography in violation of chapter 272, or causes a person to engage in commercial
67	67	39sexual activity, a sexually-explicit performance or the production of unlawful pornography in
68	68	40violation of said chapter 272; or (ii) benefits, financially or by receiving anything of value, as a
69	69	41result of a violation of clause (i), shall be guilty of the crime of trafficking of persons for sexual
70	70	42servitude and shall be punished by imprisonment in the state prison for not less than 5 years but
71	71	43not more than 20 years and by a fine of not more than $25,000. Such sentence shall not be
72	72	44reduced to less than 5 years, or suspended, nor shall any person convicted under this section be
73	73	45eligible for probation, parole, work release or furlough or receive any deduction from his
74	74	46sentence for good conduct until he shall have served 5 years of such sentence. No prosecution
75	75	47commenced under this section shall be continued without a finding or placed on file.
76	76	48 (b) Whoever knowingly: (i) subjects, or attempts to subject, or recruits, entices, harbors,
77	77	49transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport,
78	78	50provide or obtain by any means, a person under 18 years of age to engage in commercial sexual
79	79	51activity, a sexually-explicit performance or the production of unlawful pornography in violation
80	80	52of chapter 272, or causes a person under 18 years of age to engage in commercial sexual activity,
81	81	53a sexually-explicit performance or the production of unlawful pornography in violation of said 4 of 7
82	82	54chapter 272; or (ii) benefits, financially or by receiving anything of value, as a result of a
83	83	55violation of clause (i), shall be guilty of the crime of trafficking of persons under 18 years for
84	84	56sexual servitude and shall be punished by imprisonment in the state prison for life or for any
85	85	57term of years, but not less than 5 years. No person convicted under this subsection shall be
86	86	58eligible for probation, parole, work release or furlough or receive any deduction from his
87	87	59sentence for good conduct until he shall have served 5 years of such sentence.
88	88	60 (c) A business entity that commits trafficking of persons for sexual servitude shall be
89	89	61punished by a fine of not more than $1,000,000.
90	90	62 (d) A victim of subsection (a) or (b) may bring an action in tort in the superior court in
91	91	63any county wherein a violation of subsection (a) occurred, where the plaintiff resides or where
92	92	64the defendant resides or has a place of business. Any business entity that knowingly aids or is a
93	93	65joint venturer in trafficking of persons for sexual servitude shall be civilly liable for an offense
94	94	66under this section.
95	95	67 SECTION 8. Section 100E of chapter 276 of the General Laws is hereby stricken and
96	96	68replaced with the following:
97	97	69 Section 100E: Expungement of records of marijuana and prostitution-related arrests,
98	98	70detentions, conviction and incarceration.
99	99	71 (a) Expungement of marijuana and prostitution-related records. Any person having a
100	100	72record of criminal court appearances and dispositions in the commonwealth on file with the
101	101	73office of the commissioner of probation, or the Department of Criminal Justice Information
102	102	74Services established by c. 6, sec. 167A et seq., for a marijuana offense as defined by c. 94C or
103	103	75other provisions of law committed before the enactment of c. 334 of the Acts of 2016, or 5 of 7
104	104	76prostitution-related offenses as defined in chapter 127 sections 8, 53, and 53A (a) and (b), shall
105	105	77have all such records expunged forthwith from all criminal record information systems collected
106	106	78or distributed by any state agency, court or municipality. Any person with a criminal record
107	107	79eligible for expungement hereunder may apply to the commissioner, the department or the clerk
108	108	80of court where an expunged record exists, for expedited expungement in compliance with the
109	109	81provisions hereunder, and have the application acted on forthwith.
110	110	82 (b) Notice of expungement. When records of criminal appearances and criminal
111	111	83dispositions are expunged by the commissioner or department in their files, the commissioner or
112	112	84department shall notify forthwith the clerk and the probation officer of the courts in which the
113	113	85convictions or dispositions have occurred, or other entries have been made, of such
114	114	86expungement, and said clerks and probation officers likewise shall expunge records of the same
115	115	87proceedings in their files.
116	116	88 (c) Effect of expungement. Such expunged records shall not operate to disqualify a
117	117	89person in any examination, appointment or application for public service in the service of the
118	118	90commonwealth or of any political subdivision thereof; nor shall such expunged records be
119	119	91admissible in evidence or used in any way in any court proceedings or hearings before any
120	120	92boards or commissions. Anyone with an expunged marijuana record whose license to operate a
121	121	93motor vehicle remains under suspension pursuant to G.L. c. 90, sec. 22 or other provision of law,
122	122	94due to a marijuana infraction unrelated to a conviction for operation under the influence, is
123	123	95entitled to have the suspension terminated forthwith, and to have their license to operate restored
124	124	96forthwith. 6 of 7
125	125	97 (d) Employment applications. An application for employment used by an employer which
126	126	98seeks information concerning prior arrests or convictions of the applicant shall include the
127	127	99following statement:
128	128	100 “An applicant for employment with an expunged record on file with the commissioner of
129	129	101probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests,
130	130	102criminal court appearances or convictions. An applicant for employment with an expunged
131	131	103record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein
132	132	104relative to prior arrests or criminal court appearances. In addition, any applicant for employment
133	133	105may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances
134	134	106and adjudications in all cases of delinquency or as a child in need of services which did not result
135	135	107in a complaint transferred to the superior court for criminal prosecution.”
136	136	108 The attorney general may enforce the provisions of this paragraph by a suit in equity
137	137	109commenced in the superior court.
138	138	110 (e) “No record” report of expunged records. The commissioner or the department, in
139	139	111response to inquiries by authorized persons, shall in the case of an expunged record or in the case
140	140	112of court appearances and adjudications in a case of delinquency or the case of a child in need of
141	141	113services, report that no record exists.
142	142	114 (f) Prisoners serving sentences for expunged offenses. The commissioner of correction,
143	143	115and the sheriffs and masters of all county Houses of Correction shall forthwith review the
144	144	116sentencing mittimus’ of all prisoners in their custody to identify any prisoner held (i) pursuant to
145	145	117a conviction for a marijuana offense as defined by c. 94C, committed before the enactment of c.
146	146	118334 of the Acts of 2016; or (ii) pursuant to a conviction for a prostitution-related offense as 7 of 7
147	147	119defined by chapter 127 sections 8, 53, and 53A (a) and (b); (iii) the revocation of probation or
148	148	120parole regardless of the nature of the underlying offense, where the only ground for revocation
149	149	121was the prisoner’s use of marijuana committed before the enactment of c. 334 of the Acts of
150	150	1222016, or engaging in prostitution. Any prisoner so identified shall be reported to the committee
151	151	123for public counsel services, and the district attorney for the county of the sentencing court, along
152	152	124with a copy of the sentencing mittimus. Any prisoner being held only for sentence under an
153	153	125expunged marijuana or prostitution-related offense, or held on a probation or parole surrender
154	154	126based only on drug testing or other probation or parole violation regarding the parolee or
155	155	127probationer’s use of marijuana or engagement in prostitution, may apply to the sentencing court
156	156	128for an order of discharge and release. An initial hearing shall be held within ten days of court
157	157	129application, to determine whether any basis other than a marijuana or prostitution-related law
158	158	130violation exists for the prisoner’s continued detention. If no other basis exists the prisoner shall
159	159	131be released forthwith at the initial hearing; if other non-marijuana related cause for custody
160	160	132appears to exist, the prisoner may seek a continuance of the initial hearing to further investigate
161	161	133and present evidence regarding a claim that the only basis for the prisoner’s custody is a
162	162	134conviction or probation or parole surrender for the violation of an expunged or other marijuana
163	163	135or prostitution-related offense or the prisoner’s use of marijuana or engagement in prostitution
164	164	136while on probation or parole.