Massachusetts H 3084: An Act promoting community prosperity by further reforming criminal offender record information

Status: Accompanied a new draft, see S2170 (as of 2017-10-02)

State: Massachusetts · Session: 190th · Bill: H 3084

Sponsors: Elizabeth A. Malia, Brendan P. Crighton, Bud Williams, Byron Rushing, Carlos González, Carmine L. Gentile, Chynah Tyler, Daniel J. Ryan, David M. Rogers, Denise Provost, Dylan Fernandes, Evandro C. Carvalho, Jack Lewis, James B. Eldridge, Jason M. Lewis, Jay R. Kaufman, John J. Mahoney, Jonathan Hecht, Josh S. Cutler, Kay Khan, Linda Dorcena Forry, Marjorie C. Decker, Mary S. Keefe, Michael D. Brady, Michelle M. DuBois

Bill Text

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HOUSE DOCKET, NO. 3475        FILED ON: 1/20/2017 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3084 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Elizabeth A. Malia 
_________________ 
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 promoting community prosperity by further reforming criminal offender record 
information. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: DATE ADDED: 
Elizabeth A. Malia 11th Suffolk 1/20/2017 
Byron Rushing 9th Suffolk 1/20/2017 
Linda Dorcena Forry First Suffolk 1/20/2017 
Evandro C. Carvalho 5th Suffolk 1/20/2017 
Sonia Chang-Diaz Second Suffolk 1/20/2017 
Jason M. Lewis Fifth Middlesex 1/20/2017 
William N. Brownsberger Second Suffolk and Middlesex 1/20/2017 
Jay R. Kaufman 15th Middlesex 1/20/2017 
Kay Khan 11th Middlesex 1/20/2017 
Patricia D. Jehlen Second Middlesex 1/20/2017 
Marjorie C. Decker 25th Middlesex 1/20/2017 
David M. Rogers 24th Middlesex 1/20/2017 
James B. Eldridge Middlesex and Worcester 1/20/2017 
Brendan P. Crighton Third Essex 1/20/2017 
Carmine L. Gentile 13th Middlesex 1/20/2017 
Ruth B. Balser 12th Middlesex 1/20/2017 
Jack Lewis 7th Middlesex 1/20/2017 

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Josh S. Cutler 6th Plymouth 1/20/2017 
Sal N. DiDomenico Middlesex and Suffolk 1/20/2017 
Natalie Higgins 4th Worcester 1/20/2017 
Michael D. Brady Second Plymouth and Bristol 1/20/2017 
Bud Williams 11th Hampden 1/20/2017 
Carlos González 10th Hampden 1/20/2017 
Michelle M. DuBois 10th Plymouth 1/20/2017 
Mike Connolly 26th Middlesex 1/20/2017 
Mary S. Keefe 15th Worcester 1/20/2017 
Paul R. Heroux 2nd Bristol 1/20/2017 
Daniel J. Ryan 2nd Suffolk 1/20/2017 
Steven Ultrino 33rd Middlesex 1/20/2017 
John J. Mahoney 13th Worcester 1/20/2017 
Chynah Tyler 7th Suffolk 1/20/2017 
Dylan Fernandes Barnstable, Dukes and Nantucket 1/20/2017 
Jonathan Hecht 29th Middlesex 1/20/2017 
Denise Provost 27th Middlesex 1/20/2017 
Solomon Goldstein-Rose 3rd Hampshire 1/20/2017 

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HOUSE DOCKET, NO. 3475        FILED ON: 1/20/2017 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3084 
By Ms. Malia of Boston, a petition (accompanied by bill, House, No. 3084) of Elizabeth A. 
Malia and others relative to criminal offender record information.  The Judiciary. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninetieth General Court 
(2017-2018) 
_______________
 
 
An Act promoting community prosperity by further reforming criminal offender record 
information. 
 
 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 167 of chapter 6 of the General Laws, as appearing in the 2014 
2Official Edition, is hereby amended by striking out, in the definition of “criminal offender record 
3information” the second sentence in lines 31 through 33, and inserting in place thereof the 
4following sentence:- 
5 Such information shall be restricted to that recorded in criminal proceedings that are not 
6dismissed before arraignment. 
7 SECTION 2. Section 167 of chapter 6 of the General Laws, as appearing in the 2014 
8edition, is amended by striking out, in line 41 to 42, the words “is adjudicated as an adult” and 
9inserting in place thereof the words:- was tried as an adult in superior court or tried as an adult 
10after transfer of a case from a juvenile session to another trial court department. 

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11 SECTION 3. Section 175 of chapter 6 of the General Laws,  as appearing in the 2014 
12Official Edition, is amended by inserting, in line16, after the last sentence, the following 
13sentences:-  
14 The commissioner of probation shall make a form available to permit a data subject to 
15submit the form at a probation office to request correction of errors that appear as part of his her 
16criminal offender record information, including but not limited to disposition errors, surname 
17errors, wrong dates of birth, and other clerical errors.  The form shall be available at probation 
18offices and on the internet for submission to local probation offices. The commissioner of 
19probation or a probation officer upon receipt of such a request shall correct the errors within 20 
20business days. 
21 SECTION 4. Section 13 of chapter 119A of the General Laws, as appearing in the 2014 
22Official Edition, is amended by inserting, in line 45, after the last sentence in paragraph (d), the 
23following paragraph:- 
24 (d) Within 15 days of admission of an inmate to a house of corrections or department of 
25corrections facility, the commissioner of corrections or the sheriff for the facility shall provide 
26information, including an application for IV-D services, to the inmate and inform the inmate of 
27his or her right to request services 

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