Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1198 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. 2349 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1198
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark C. Montigny
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 enhance the lives of survivors of human trafficking.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 2
16	16	SENATE DOCKET, NO. 2349 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1198
18	18	By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1198) of Mark C. Montigny for
19	19	legislation to enhance the lives of survivors of human trafficking. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 1061 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to enhance the lives of survivors of human trafficking.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 59 of chapter 265 of the General Laws, as appearing in the 2022
31	31	2Official Edition is hereby amended by inserting after the word “under” in the first instance the
32	32	3following words:- "subsection (1) of section 30 or section 30A of chapter 266, or under".
33	33	4 SECTION 2. Chapter 276 of the General Laws, as so appearing, is hereby amended by
34	34	5inserting after section 100U the following section:-
35	35	6 Section 100V. (a) In a case in which a plea of not guilty has been entered by a court
36	36	7pursuant to section 59 of chapter 265 and (i) the criminal complaint is subsequently dismissed;
37	37	8(ii) the defendant is found not guilty by a judge or a jury; (iii) a finding of no probable cause is
38	38	9made by the court; or (iv) a nolle prosequi has been entered, a judge shall, upon motion of the
39	39	10defendant, seal the court appearance and disposition recorded and the clerk and the probation 2 of 2
40	40	11officers of the courts in which the proceedings occurred or were initiated shall seal the records of
41	41	12the proceedings in their files. Sealed records shall not operate to disqualify a person in any
42	42	13examination, appointment, or application for public employment in the service of the
43	43	14commonwealth or of any political subdivision.
44	44	15 (b) An application for employment used by an employer that seeks information
45	45	16concerning prior arrests, convictions or adjudications of delinquency of the applicant shall
46	46	17include, in addition to the statement required under section 100A, the following statement: “An
47	47	18applicant for employment with a sealed record on file with the commissioner of probation may
48	48	19answer ‘no record’ with respect to an inquiry herein relative to prior arrests or criminal court
49	49	20appearances.” The attorney general may enforce this section by a suit in equity commenced in
50	50	21the superior court. Notwithstanding this section or any other general or special law to the
51	51	22contrary, the commissioner of probation or the clerk of courts in any district court, superior
52	52	23court, juvenile court or the Boston municipal court, in response to inquiries by authorized
53	53	24persons other than by a law enforcement agency or a court, shall, in the case of a sealed record,
54	54	25report that no record exists.