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