Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1034 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. 33 FILED ON: 1/6/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1034
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William N. Brownsberger
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 archaic laws.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :William N. BrownsbergerSuffolk and MiddlesexJoanne M. ComerfordHampshire, Franklin and Worcester2/5/2025 1 of 5
16	16	SENATE DOCKET, NO. 33 FILED ON: 1/6/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1034
18	18	By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1034) of William N.
19	19	Brownsberger and Joanne M. Comerford for legislation to establish a commission to review and
20	20	update archaic laws. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2561 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to archaic laws.
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. Chapter 3 of the General Laws is hereby amended by adding the following
32	32	2section:-
33	33	3 Section 76. (a) There shall be a permanent law revision commission consisting of: the
34	34	4chairs of the joint committee on the judiciary or their designees, who shall serve as co-chairs; the
35	35	5attorney general or a designee; 4 attorneys admitted to practice law in the commonwealth, 1 of
36	36	6whom shall be appointed by the senate president, 1 of whom shall be appointed by the speaker of
37	37	7the house of representatives, 1 of whom shall be appointed by the minority leader of the senate
38	38	8and 1 of whom shall be appointed by the minority leader of the house of representatives; 1
39	39	9person appointed by the Massachusetts District Attorneys Association; 1 person appointed by the
40	40	10committee for public counsel services; and 3 persons appointed by the governor, 1 of whom shall 2 of 5
41	41	11be a retired judge, 1 of whom shall be a faculty member of an accredited law school in the
42	42	12commonwealth and 1 of whom shall be a historian with expertise in the laws of the
43	43	13commonwealth.
44	44	14 (b) The counsel to the senate and the counsel to the house of representatives shall jointly
45	45	15provide personnel necessary to coordinate the activities of the commission and assist the
46	46	16commission in drafting legislative proposals, as requested.
47	47	17 (c) The appointed members of the commission shall serve staggered 4-year terms.
48	48	18Vacancies in the membership of the commission shall be filled by the original appointing
49	49	19authority for the balance of the unexpired term.
50	50	20 (d) The commission shall: (i) examine the common law, statutes of the commonwealth
51	51	21and judicial decisions for the purpose of identifying defects and anachronisms in the law and
52	52	22recommending needed reforms; (ii) receive and consider proposed changes in the law
53	53	23recommended by the American Law Institute, the National Conference of Commissioners on
54	54	24Uniform State Laws, any bar association and any other learned body; (iii) receive and consider
55	55	25suggestions as to defects and anachronisms in the law from judges, justices, public officials,
56	56	26lawyers and the public; (iv) recommend changes in the law to modify or eliminate antiquated and
57	57	27inequitable rules of law and to bring the law into harmony with modern conditions; (v)
58	58	28recommend the express repeal of statutes repealed by implication or held unconstitutional by a
59	59	29state or federal court; (vi) evaluate and make recommendations on the consolidation of session
60	60	30laws into the General Laws; and (vii) make recommendations to improve the openness and
61	61	31accessibility of state laws, including the use of open-source software tools. 3 of 5
62	62	32 (e) The commission shall meet not less than 4 times annually. At the close of each regular
63	63	33session of the general court, the commission shall submit a report of its findings and
64	64	34recommendations, including drafts of any proposed legislation, to the clerks of the senate and the
65	65	35house of representatives, the house and senate committees on ways and means and the joint
66	66	36committee on the judiciary.
67	67	37 SECTION 2. Section 37 of chapter 22C of the General Laws, as appearing in the 2022
68	68	38Official Edition, is hereby amended by striking out, in lines 8 and 9, the words “sixteen,
69	69	39seventeen, thirty-four or thirty-five of chapter two hundred and seventy-two” and inserting in
70	70	40place thereof the following words:- 16, 17 or 35 of chapter 272.
71	71	41 SECTION 3. Section 20B of chapter 127 of the General Laws, as so appearing, is hereby
72	72	42amended by striking out, in line 41, the words “, 34 or 35”.
73	73	43 SECTION 4. Section 49 of said chapter 127, as so appearing, is hereby amended by
74	74	44striking out, in line 11, the words “, 34, or 35,”.
75	75	45 SECTION 5. Section 49B of said chapter 127, as so appearing, is hereby amended by
76	76	46striking out, in lines 24 and 25, the words “, thirty-four, thirty-five”.
77	77	47 SECTION 6. Section 49C of said chapter 127, as so appearing, is hereby amended by
78	78	48striking out, in lines 21 and 22, the words “, thirty-four, thirty-five,”.
79	79	49 SECTION 7. Section 90A of said chapter 127, as so appearing, is hereby amended by
80	80	50striking out, in lines 14 and 15, the words “seventeen, thirty-four, thirty-five, or section thirty-
81	81	51five A of chapter two hundred and seventy-two” and inserting in place thereof the following
82	82	52words:- 17, 35 or 35A of chapter 272. 4 of 5
83	83	53 SECTION 8. Section 143 of said chapter 127 is hereby repealed.
84	84	54 SECTION 9. Section 4C of chapter 260 of the General Laws, as appearing in the 2022
85	85	55Official Edition, is hereby amended by striking out, in lines 14 and 15, the word “, thirty-four”.
86	86	56 SECTION 10. Section 34 of chapter 272 of the General Laws is hereby repealed.
87	87	57 SECTION 11. Said chapter 272 is hereby further amended by striking out section 35, as
88	88	58appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
89	89	59 Section 35. Whoever commits a lewd and lascivious act with another person in public
90	90	60with the intent of public exposure or with reckless disregard of substantial risk of public
91	91	61exposure shall be punished by a fine of not more than $200, by imprisonment in a jail or house of
92	92	62correction for not more than 6 months or by both such fine and imprisonment.
93	93	63 SECTION 12. Section 36 of said chapter 272 is hereby repealed.
94	94	64 SECTION 13. Section 53 of said chapter 272, as appearing in the 2022 Official Edition,
95	95	65is hereby amended by striking out, in lines 1 and 2, the words “Common night walkers, common
96	96	66street walkers, both male and female, persons” and inserting in place thereof the following
97	97	67word:- Persons.
98	98	68 SECTION 14. Section 62 of said chapter 272 is hereby repealed.
99	99	69 SECTION 15. Section 57 of chapter 276 of the General Laws, as appearing in the 2022
100	100	70Official Edition, is hereby amended by striking out, in lines 123 and 124, the words “or section
101	101	71thirty-four or thirty-five of chapter two hundred and seventy-two,”.
102	102	72 SECTION 16. Section 45 of chapter 277 of the General Laws is hereby repealed. 5 of 5
103	103	73 SECTION 17. Section 63 of said chapter 277, as appearing in the 2022 Official Edition,
104	104	74is hereby amended by striking out, in line 29, the figures “, 34, 35”.
105	105	75 SECTION 18. Section 79 of said chapter 277, as so appearing, is hereby amended by
106	106	76striking out, in line 218, the words “common nightwalker” and inserting in place thereof the
107	107	77following word:- “person”.
108	108	78 SECTION 19. Said section 79 of said chapter 277, as so appearing, is hereby further
109	109	79amended by striking out, in lines 427 to 429, inclusive, the words “Sodomy, etc. (Under Chap.
110	110	80272, Sec. 34.)—That A.B. did commit the abominable and detestable crime against nature with a
111	111	81(state the person or beast).”.
112	112	82 SECTION 20. Said section 79 of said chapter 277, as so appearing, is hereby further
113	113	83amended by striking out, in lines 444 and 445, the words “Unnatural act. (Under Chap. 272, Sec.
114	114	8435.)—That A.B. did commit an unnatural and lascivious act with one C.D.”.
115	115	85 SECTION 21. The initial terms of the first members of the law revision commission shall
116	116	86be staggered as follows: the attorney appointed by the speaker of the house of representatives,
117	117	87attorney appointed by the senate president, attorney appointed by the minority leader of the
118	118	88senate and attorney appointed by the minority leader of the house of representatives shall serve
119	119	89initial terms of 4 years; the persons appointed by the governor shall serve initial terms of 3 years;
120	120	90and the person appointed by the Massachusetts District Attorneys Association and person
121	121	91appointed by the committee for public counsel services shall serve initial terms of 2 years.