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SENATE DOCKET, NO. 2342 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1131
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Adam Gomez
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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 relative to juvenile fees, fines, and restitution.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampden 1 of 8
SENATE DOCKET, NO. 2342 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1131
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 1131) of Adam Gomez for
legislation relative to juvenile fees, fines, and restitution. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1005 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to juvenile fees, fines, and restitution.
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 178Q of Chapter 6, as appearing in the General Laws, as appearing
2in the 2022 Official Edition, is hereby amended by inserting after “upon every sex offender” the
3following:
4 except those who committed their offense while under the age of criminal majority.
5 SECTION 2. Chapter 119, as appearing in the General Law is hereby amended by
6striking out Section 29A.
7 SECTION 3. Section 55 of Chapter 119 of the General Laws is hereby amended by
8striking out the following words from the first paragraph:- 2 of 8
9 A parent, guardian or person with whom such child resides who is summoned to appear
10before the court to show cause why such child shall not be adjudged a delinquent child by reason
11of having committed the offense of willful or malicious destruction or wanton destruction of
12property, in violation of the provisions of section one hundred and twenty-seven or one hundred
13and twenty-seven A of chapter two hundred and sixty-six, and who willfully fails to so appear
14shall be punished by a fine of not less than two hundred nor more than three hundred dollars.
15 SECTION 4. Section 58B of Chapter 119 of the General Laws is hereby amended by
16inserting after the words “ section sixty-two “ the following words:-
17 subject to a determination of the youth's ability to pay. Restitution shall not be ordered in
18excess of the youth’s ability to pay and the length of time it may take a youth to pay may not be
19considered in determining the length of probation.”, and by amending it further by striking out
20the following words “; and in addition to or in lieu of such disposition, the court may impose
21upon such child a fine not exceeding the amount of the fine authorized for the violation of such
22statute, by-law, ordinance or regulation. Any fine imposed under the authority of this section
23shall be collected, recovered and paid over in the manner provided by chapters two hundred and
24seventy-nine and two hundred and eighty; provided, however, that if any child shall neglect, fail
25or refuse to pay a fine imposed under this section, he may be arrested upon order of the court and
26brought before the court, which may thereupon place him in the care of a probation officer or
27commit him to the custody of the department of youth services; but no such child shall be
28committed to any jail, house of correction, or correctional institution of the commonwealth.
29 SECTION 5. Chapter 119, as appearing in the General Law is hereby amended by adding
30the following section: 3 of 8
31 Section 58C. Notwithstanding any general or special law or rule or regulation to the
32contrary, no fine or fee shall apply to any person based on an offense committed while under the
33age of criminal majority or the person’s parent, guardian, or legal custodian.
34 SECTION 6. Section 59 of Chapter 119, as appearing in the General Law, is hereby
35amended by inserting after “warrant for his arrest” the following words:
36 except that a warrant may not issue solely for nonpayment of fines or fees.
37 SECTION 7. Section 62 of Chapter 119 of the General Laws is hereby amended by
38striking the following words, “the court may require, as a condition thereof, that he shall make
39restitution or reparation to the injured person to such an extent and in such sum as the court
40determines. If the payment is not made at once, it shall be made to the probation officer, who
41shall give a receipt therefor, keep a record of the payment, pay the money to said injured person,
42and keep on file his receipt therefor.” And replacing in place thereof the following words:-
43 the court may hold a restitution hearing. There shall be no mandatory order of restitution,
44and any order shall be made at the discretion of the presiding judge. At a restitution hearing, the
45court shall make a determination of a youth’s ability to pay. The amount set may not exceed the
46youth’s ability to pay and the length of time it may take a youth to pay may not be taken into
47consideration in determining the length of probation. The youth’s term of probation shall not be
48extended or revoked solely based upon the nonpayment of restitution. There shall be a
49presumption of inability to pay, which may be rebutted at a restitution hearing by evidence
50establishing that the youth (1) has an income that is 250% of the federal poverty line,
51independent of parental or other family income; (2) is not currently incarcerated, detained, or in
52out-of-home placement, and (3) is not receiving needs-tested government benefits, including but 4 of 8
53not limited to free school lunch, SNAP, TANF, SSI, or housing assistance. A juvenile for whom
54restitution is ordered who is not able to make restitution payments in the manner ordered by the
55court may move the court for a modification of the restitution order. If the court determines the
56juvenile is unable to pay the restitution in the time and manner ordered, the court may modify its
57prior order to allow additional time for payment, reduce the amount of restitution, or eliminate
58the amount of restitution ordered.
59 SECTION 8. Section 63 of Chapter 119, as appearing in the General Law, is hereby
60amended by inserting after “any person” the following:
61 over the age of criminal majority
62 SECTION 9. Section 145 of Chapter 127, as appearing in the General Law, is hereby
63amended by striking section (e) and replacing it with the following:
64 (e) A justice of the trial court shall not commit a person to a prison, place of confinement
65or the department of youth services solely for the non-payment of money based on conduct that
66occurred committed while under the age of criminal majority.
67 SECTION 10. Section 2 of Chapter 211D, as appearing in the General Law is hereby
68amended by inserting after the words, “fee for the appointment of counsel”, the following
69words:-
70 , except that no one accused of committing an offense while under the age of criminal
71majority will be assessed any fee for the appointment of counsel 5 of 8
72 SECTION 11. Section 2A of Chapter 211D, as appearing in the General Law is hereby
73amended by striking out the words “under 18 years of age,” and inserting in place thereof the
74following:
75 under the age of criminal majority
76 SECTION 12. Section 8 of Chapter 258B, as appearing in the General Law is hereby
77amended by striking the following words:- “who has attained the age of seventeen years and”
78 SECTION 13. Said section 8 of Chapter 258B, as appearing in the General Law is further
79amended by striking the following sentence:- “The court shall impose an assessment of $45
80against any person who has attained the age of fourteen years and who is adjudicated a
81delinquent child or against whom a finding of sufficient facts for a finding of delinquency is
82made.”
83 SECTION 14. Said section 8 of Chapter 258B, as appearing in the General Law is further
84amended by striking the following words:- “or adjudication”
85 SECTION 15. Said section 8 of Chapter 258B, as appearing in the General Law is further
86amended by striking the following words:- “; provided, however, that the total assessment
87against a person who has not attained seventeen years shall not exceed thirty dollars”
88 SECTION 16. Said section 8 of Chapter 258B, as appearing in the General Law is further
89amended by striking the following words:- “or adjudication of delinquency”
90 SECTION 17. Section 1 of Chapter 258C of the General Laws is hereby amended by
91striking the words, “''Victim'', a person who suffers personal physical or psychological injury or
92death and inserting in place thereof:- 6 of 8
93 ''Victim'', a person who suffers a financial loss as the result of a crime committed by a
94person under the age of criminal majority; personal physical or psychological injury; or death:
95 SECTION 18. Section 2 of Chapter 258C of the General Laws is hereby amended by
96striking subsection (a) and inserting in place thereof:-
97 (a) No compensation shall be paid under this chapter unless the division finds that a
98crime was committed and that such crime (i) was committed by a person under the age of
99criminal majority and resulted in a financial loss to the victim or (ii) directly resulted in personal
100physical or psychological injury to, or death of, the victim.
101 SECTION 19. Section 2 of Chapter 258C of the General Laws is hereby amended by
102striking subsection (c) and inserting in place thereof:-
103 (c) A claimant shall be eligible for compensation only if such claimant cooperates with
104law enforcement authorities in the investigation and prosecution of the crime in which the victim
105suffered a financial loss as a result of a crime committed by a person under the age of criminal
106majority or was injured or killed unless the claimant demonstrates that he possesses or possessed
107a reasonable excuse for failing to cooperate.
108 SECTION 20. Section 47 of Chapter 265, as appearing in the General Laws, is hereby
109amended by inserting after the words “paid by the probationer,” the following words:-
110 over the age of criminal majority
111 SECTION 21. Section 30 of Chapter 276, as appearing in the General Laws, is hereby
112amended by inserting in the first sentence after the words “any person,” the following words:- 7 of 8
113 excepting individuals alleged to have committed an offense while under the age of
114criminal majority,
115 SECTION 22. Section 87A of Chapter 276, as appearing in the General Laws, is hereby
116amended by striking out the words, or (ii) solely on the basis of possession or use of medical
117marijuana obtained in compliance with and in quantities consistent with applicable state
118regulations if that person received a written certification from a healthcare professional for the
119use of medical marijuana to treat a debilitating medical condition and the person possesses a
120valid medical marijuana registration card and if the quantity in the person's possession is not
121greater than the amount recommended in the healthcare professional's written certification.” and
122inserting in place thereof, the following words:-
123 (ii) solely on the basis of possession or use of medical marijuana obtained in compliance
124with and in quantities consistent with applicable state regulations if that person received a written
125certification from a healthcare professional for the use of medical marijuana to treat a debilitating
126medical condition and the person possesses a valid medical marijuana registration card and if the
127quantity in the person's possession is not greater than the amount recommended in the healthcare
128professional's written certification. or (iii) solely on the basis of nonpayment of a fine, fee or
129other monetary obligation imposed as a result of an offense committed while under the age of
130criminal majority.
131 SECTION 23. Section 6 of Chapter 280, as appearing in the General Laws, is hereby
132amended after the words “criminal defendant” the following words:-
133 over the age of criminal majority 8 of 8
134 SECTION 24. On the effective date of this section, the balance of any court-assessed or
135court-ordered fines or costs imposed against a juvenile, or other person who is liable for the
136support of a juvenile, are unenforceable and not collectable.