An Act Relative to the Decriminalization of Minor Offenses

Summary

Massachusetts has a decriminalization law that is little known and rarely used. Section 70C of Chapter 277 allows for the decriminalization of certain misdemeanors, but only after a defendant arrives in court either at arraignment or post-arraignment at a pretrial conference. The fact that the decriminalization option is available so late in the process explains why it is so seldom used. By the time a defendant has reached arraignment, there has already been an investment of time and resources in processing the defendant or preparing and issuing the complaint. And if the defendant has been arraigned, the offense has already been added to his or her criminal record.  This legislation permits a police officer to issue citations at the street level for very minor offenses, rather than seeking a criminal complaint. In order to allow for this option, misdemeanors and civil infractions need to be added to the list of infractions that can be dealt with under the civil process outlined in 21D.

An Act Relative to the Definition of Attempt in Criminal Cases

Summary

This legislation brings the Commonwealth in line with the many states that have adopted the Model Penal Code definition of attempt, which emphasizes what the actor has done rather than what remains to be done to commit the crime, and which only imposes liability if the person takes a substantial step towards the commission of the crime while acting with the intent required to commit the crime.  See Commonwealth v. Bell, 455 Mass. 408 (2009).

An Act Establishing the Month of May as Cystic Fibrosis Awareness Month

Summary

Cystic Fibrosis is a progressive, genetic disease that causes persistent lung infections and limits the ability to breathe over time. It affects over 30,000 people in the United States, with approximately one thousand new cases diagnosed every year. In order to raise awareness about the disease and the benefits of early diagnosis, this bill would establish May as Cystic Fibrosis Awareness Month.

An Act Relative to Criminal Justice Training Regarding Autistic Persons

Summary

This bill would require the Municipal Police Training Committee to develop and implement a curriculum for training police officers in appropriate interactions with persons on the autism spectrum, and develop guidelines for law enforcement response to such individuals. The course would include proper techniques for interviews, locating persons on the spectrum, identifying abusive situations, de-escalation with autistic individuals, and more. The bill would require training for new recruits and allow the MPTC to include it periodically for in-service training.

An Act Establishing a COVID-19 Homeowner Protection Act

Summary

This legislation allows borrowers who are struggling to pay their mortgages due to the COVID-19 crisis to forbear on their mortgage payments for up to 180 days, with the payments to be added to the end of the term of the loan. The lenders would not be allowed to report this forbearance as late payments to credit rating agencies and after the forbearance period, the lenders will be required to work with the borrowers to maintain pre-forbearance monthly payments or initiate a loan modification. The lender also shall not initiate foreclosure proceedings until at least 90 days after the emergency declaration is rescinded.

An Act Concerning Sexual Violence on Higher Education Campuses

Summary

This legislation adds additional information on sexual violence to a higher education institution's annual crime report; appoints a Public Safety Officer to the Board of Higher Education to review all campus safety policies; requires campus websites to include information about the resources available to sexual assault victims; requires that sexual assault policies be emailed to all students each semester; requires campuses to establish a memorandum of understanding (MOU) with sexual assault crisis services; requires the designation of a trained confidential advisor for students to report an assault to; and requires mandatory annual sexual violence training for students; requires sexual violence training for employees; and creates a task force to develop a model sexual assault climate survey, which will be given to all students annually at our public and private colleges and universities in Massachusetts.

An Act to Protect Persons with Intellectual or Developmental Disabilities

Summary

This legislation requires the Department of Developmental Services to establish and maintain a registry of former employees who have been terminated or separated from employment as a result of abuse.  DDS shall make information in the registry available only to: (1) authorized agencies, for the purpose of protective service determinations; (2) employers who employ employees to provide services to an individual who receives services or funding from the department of developmental services for the purpose of determining whether an applicant for employment appears on the registry.  DDS shall not place a former employee's name on the registry until the Department has completed the hearing and the hearing has resulted in a decision to place the former employee's name on the registry staff.

An Act Establishing a Hate Crimes Grant Program

Summary

This legislation directs the Department of Elementary and Secondary Education, in coordination with the Executive Office of Public Safety and security and the Massachusetts Governor’s Hate Crimes Task Force, shall establish a grant program, subject to appropriation, for the education and prevention of hate crimes and incidences of bias in public schools. The grants shall be used for education and prevention programs in school districts for the purposes of education, professional development, prevention, or community outreach. In awarding grants, priority shall be given to communities with an identified need.

An Act Relative to Transparency in Higher Education

Summary

The abrupt closure and sale of Mt. Ida College to UMass Amherst caught the current students, newly accepted students, faculty and staff by surprise. Equally as troubling was Mt. Ida’s decision to close its doors without a school closure plan and without appropriate notice to the Attorney General and the Board of Higher Education. This legislation works to address issues of notice.

An Act relative to notification of landowners impacted by state transportation projects

Summary

Before laying out a new state highway or altering an existing state highway, the Department of Transportation convenes public hearings to enable public input in governmental decision-making, and provide a forum for the exchange of ideas regarding the proposal.  The Department, however, is currently under no obligation to notify impacted property owners about these hearings directly.  This bill would require the Department to include direct mail notification of public hearings to property owners whose land may be subject to eminent domain and acquired as part of a state transportation project.   

An Act relative to the architectural access board

Summary

This legislation makes changes to state disability regulations that have fallen behind federal standards in the past decade. The bill addresses these shortfalls by including an additional member of the disability advocacy community on the board. Importantly, the legislation extends the AAB’s regulatory authority to employee areas of public buildings. It also expands their authority to spaces around buildings (parking lots, sidewalks) and aligns the definition of “public building” with ADA regulations.

An Act relative to marijuana-related revenue in the town of Millbury

Summary

During the Annual Town Meeting held on May 1, 2018, the residents of the Town of Millbury voted, pursuant to Section 5B of Chapter 40 of the MGLs, to establish 5 stabilization funds.  These stabilization funds would receive the revenues generated from the taxes on the sale of marijuana.  Under the current rules in Millbury, all revenues derived from taxes on the sale of marijuana would be deposited into the General Fund.  This home rule petition would update this rule and direct the funds into the stabilization accounts created under the special act.

An Act relative to public safety on private college and university campuses

Summary

This legislation allows special state police officers appointed by any private college or private university, in connection with the operation of any part of the college or university within the limits of the campuses, to perform police duties under the direction of the commanding officer or the person in charge of such campus or other property. While performing such duties within those limits, the special state police officers shall have the same authorities as duly appointed and qualified Police Officers acting elsewhere in the Commonwealth.

An Act updating hunter harassment laws

Summary

This legislation updates the hunter harassment law by (1) adding prohibitions against verbally or physically harassing, threatening or intimidating individual’s lawfully engaged in fishing and hunting and (2) banning the use of mechanical aerial devices to drive wildlife, harass, film, photograph or otherwise intimidate. The bill also adds penalties and/or fines for violations of this law.

An Act establishing a standing commission on operating under the influence and impaired driving

Summary

This legislation was filed in conjunction with the Cannabis Control Commission, to help the Commonwealth better address the effects of impaired driving. While the mission of the commission would extend to all impaired driving, it includes specific directives regarding the challenges of legalized marijuana. The Commission will be directed to study the emerging scientific and medical tests, as well as considering the civil liberties of the driver, socio-economic impacts of the testing, and the admissibility of evidence in court proceedings.