Judiciary

Sponsored Legislation

S.1034 An Act relative to guilty but with a mental illness

This bill would create a new finding of guilty but with a mental illness that would carry the same sentence as provided by law for a defendant found guilty of the same crime. However, if the sentence includes a term of imprisonment, the defendant would serve the sentence at a mental health facility, or if the defendant is a male and the court determines that strict security is required, at Bridgewater State Hospital. Consistent with public safety and security, the defendant would be required to be held in the least restrictive setting that is clinically indicated and would not create a likelihood of serious harm. 

S.1035 An Act relative to treatment, not imprisonment

This bill would allow the court, when a defendant has a substance use disorder, to order the defendant to participate in treatment as a condition of pretrial release or probation, but prohibit the court from imposing incarceration if relapse is the only infraction and the defendant is otherwise engaged in treatment.

Testimony from the October 12, 2021 Joint Committee on the Judiciary public hearing.

S.1036 An Act relative to sexual harassment

This bill would create a new Chapter 151G of the General Laws to establish professional investee protections from sexual harassment and discrimination by professional investors. Under the bill, a professional investee or the Attorney General, on behalf of a professional investee, may sue a professional investor for unlawful sexual harassment or discrimination. The bill would allow professional investors to establish an affirmative defense to a discrimination lawsuit by completing a self-evaluation of its investment practices in good faith and demonstrating that reasonable progress has been made towards providing a greater share of funding to “historically disadvantaged members of protected classes”, which is a defined term in the bill.

S.1037 An Act providing easier and greater access to record sealing

Fact Sheet

This bill would mandate automatic sealing of criminal records by the Commissioner of Probation within 90 days of adults and juveniles becoming eligible for sealing after the applicable waiting period is completed. It would also require automatic sealing of criminal records of adults and juveniles found not guilty without the defendant having to file a petition or other request. 

Cosponsored Legislation

SD.2588 An Act to stop mass shootings (Creem)

S.920 An Act to promote public safety and better outcomes for young adults (Boncore)

S.921 An Act promoting housing opportunity and mobility through eviction sealing (HOMES) (Boncore)

S.937 An Act to end child marriage in Massachusetts (Chandler)

S.956 An Act protecting LGBTQ victims (Comerford)

S.980 An Act relative to expungement of juvenile and young adult records (Creem)