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2 | 2 | | SENATE DOCKET, NO. 285 FILED ON: 1/10/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1210 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Michael O. Moore |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act concerning the disclosure of the home address and home contact information of certain |
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13 | 13 | | public safety officials. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 4 |
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17 | 17 | | SENATE DOCKET, NO. 285 FILED ON: 1/10/2025 |
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18 | 18 | | SENATE . . . . . . . . . . . . . . No. 1210 |
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19 | 19 | | By Mr. Moore, a petition (accompanied by bill, Senate, No. 1210) of Michael O. Moore for |
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20 | 20 | | legislation relative to the disclosure of the home address and home contact information of certain |
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21 | 21 | | public safety officials. The Judiciary. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act concerning the disclosure of the home address and home contact information of certain |
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28 | 28 | | public safety officials. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. The General Laws are amended by inserting after chapter 93L the following |
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32 | 32 | | 2chapter:- |
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33 | 33 | | 3 CHAPTER 93M. |
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34 | 34 | | 4 Section 1. Person, business, association prohibited from publishing certain information |
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35 | 35 | | 5on the Internet. |
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36 | 36 | | 6 a. (1) Upon notification pursuant to paragraph (2) of this subsection, and not later than |
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37 | 37 | | 710 business days following receipt thereof, a person, business, or association shall not disclose or |
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38 | 38 | | 8re-disclose on the Internet or otherwise make available, the home address or unpublished home |
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39 | 39 | | 9telephone number of any covered person, as defined in subsection d. of this section. |
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40 | 40 | | 10 (2) An authorized person seeking to prohibit the disclosure of the home address or |
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41 | 41 | | 11unpublished home telephone number of any covered person consistent with paragraph (1) of this 2 of 4 |
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42 | 42 | | 12subsection shall provide written notice to the person from whom they are seeking nondisclosure |
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43 | 43 | | 13that they are an authorized person and requesting that the person cease the disclosure of the |
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44 | 44 | | 14information and remove the protected information from the Internet or where otherwise made |
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45 | 45 | | 15available. |
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46 | 46 | | 16 (3) An immediate family member who has provided notice pursuant to paragraph (2) of |
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47 | 47 | | 17this subsection and who no longer resides with the judicial officer, prosecutor, or law |
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48 | 48 | | 18enforcement officer shall provide notice to that effect to the person, business, or association not |
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49 | 49 | | 19later than 30 days from the date on which the immediate family member no longer resided with |
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50 | 50 | | 20the judicial officer, prosecutor, or law enforcement officer. |
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51 | 51 | | 21 b. A person, business, or association that violates subsection a(1) of this section shall be |
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52 | 52 | | 22liable to the aggrieved person, who may bring a civil action in the Superior Court. |
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53 | 53 | | 23 c. The court may award: |
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54 | 54 | | 24 (1) actual damages, but not less than liquidated damages computed at the rate of $1,000 |
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55 | 55 | | 25for each violation of this section; |
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56 | 56 | | 26 (2) punitive damages upon proof of willful or reckless disregard of the law; |
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57 | 57 | | 27 (3) reasonable attorney's fees and other litigation costs reasonably incurred; and |
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58 | 58 | | 28 (4) any other preliminary and equitable relief as the court determines to be appropriate. |
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59 | 59 | | 29 d. For the purposes of this section: 3 of 4 |
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60 | 60 | | 30 “Authorized person” means a covered person or any of the following persons hereby |
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61 | 61 | | 31authorized to submit or revoke a request for the redaction or nondisclosure of a home address on |
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62 | 62 | | 32behalf of a covered person: |
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63 | 63 | | 33 (1) on behalf of any federal judge, a designee of the United States Marshals Service or |
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64 | 64 | | 34of the clerk of any United States District Court or Court of Appeals; |
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65 | 65 | | 35 (2) on behalf of any state judge, the clerk of court for the applicable state court; |
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66 | 66 | | 36 (3) on behalf of any covered person who is deceased or medically or psychologically |
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67 | 67 | | 37incapacitated, a person acting on behalf of the covered person as a designated trustee, as an estate |
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68 | 68 | | 38executor, or pursuant to a written power of attorney or other legal instrument; and |
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69 | 69 | | 39 (4) on behalf of any immediate family member who is a minor and who is otherwise |
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70 | 70 | | 40entitled to address redaction or nondisclosure pursuant to this section, the parent or legal |
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71 | 71 | | 41guardian thereof. |
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72 | 72 | | 42 “Covered person” means an active, formerly active, or retired judicial officer or law |
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73 | 73 | | 43enforcement officer or prosecutor, and any immediate family member residing in the same |
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74 | 74 | | 44household as such judicial officer, law enforcement officer, or prosecutor. |
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75 | 75 | | 45 “Disclose” shall mean to solicit, sell, manufacture, give, provide, lend, trade, mail, |
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76 | 76 | | 46deliver, transfer, post, publish, distribute, circulate, disseminate, present, exhibit, advertise or |
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77 | 77 | | 47offer. |
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78 | 78 | | 48 “Immediate family member” means a spouse, child, or parent of, or any other family |
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79 | 79 | | 49member related by blood or by law to, an active, formerly active, or retired judicial officer or law 4 of 4 |
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80 | 80 | | 50enforcement officer or prosecutor and who resides in the same household as such judicial officer, |
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81 | 81 | | 51prosecutor, or law enforcement officer. |
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82 | 82 | | 52 “Person” shall not be construed to include in any capacity the custodian of a government |
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83 | 83 | | 53record. |
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84 | 84 | | 54 e. Nothing herein shall be construed to impose liability on the news media for failure to |
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85 | 85 | | 55remove information from previously printed newspapers. As used in this subsection, “news |
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86 | 86 | | 56media” means newspapers, magazines, press associations, news agencies, wire services, or other |
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87 | 87 | | 57similar printed means of disseminating news to the general public. |
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88 | 88 | | 58 SECTION 2. Compliance with the provisions of this act shall not be required until one |
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89 | 89 | | 59year after the date of enactment, except that a person, business, or association may honor a |
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90 | 90 | | 60request for redaction or nondisclosure, or revocation thereof, submitted by an authorized person |
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91 | 91 | | 61prior thereto. |
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