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 Subsections (a) and (b) of section 53A of chapter 272 are hereby repealed.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 Section 8 of chapter 272 of the General Laws is hereby repealed. 2 of 7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 Section 62 of chapter 272 of the General Laws is hereby repealed.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