Resolve establishing the Harmony commission to study and make recommendations related to the welfare and best interests of children in care and protection cases

Harmony Montgomery's father was plainly unable or unwilling to care for her — yet in February 2019, a Massachusetts Juvenile Court assigned him full custody without properly considering her safety and well-being. Just months later, she went missing. Her father has since been sentenced to 45 years in prison for beating 5-year-old Harmony to death. 

A string of failures within the Department of Children and Families and the Juvenile Court system led to this heartbreaking tragedy. This bill would create a commission to investigate exactly where things went wrong in Harmony’s case, study our current system more broadly, and make recommendations on how the Legislature can change our laws to ensure that a parent’s rights are appropriately balanced with a child’s needs. The creation of this commission is based on the first recommendation made in a report published by the Office of the Child Advocate. 

The Senate previously passed a version of this commission as part of its Fiscal Year 2023 budget, however the language did not make it into the final legislation. 

An Act relative to the ownership of pets by convicted animal abusers

This bill would prevent individuals who are convicted of animal abuse from owning animals for at least 5 years. This legislation would protect vulnerable pets from individuals convicted of serious animal cruelty offenses including mutilation, torture, and dogfighting. State law already bans these offenders from working with animals at their place of work but does not prevent access to animals in their home. These are serious violations of criminal law and indicate an unquestioned failure to meet the basic responsibilities that we require of pet owners.  

While the legislature took up omnibus legislation to address the humane protections of animals last session, this bill, which is crucial to the overall protection of animals, was excluded from the final version of the bill. Therefore, under current Massachusetts law, there are no constraint on a convicted animal abuser’s ability to adopt a pet unless the individual was charged for bestiality. I refiled this bill to address this gap in our legal system by prohibiting anyone convicted of crimes of animal abuse from owning, residing with, working or volunteering at an establishment where animals are present. Currently, 39 states in the U.S. have adopted similar possession bans for people convicted of animal cruelty.

An Act to ensure the responsible use of advanced robotic technologies

This bill would prohibit the manufacture, sale, use, or operation of a robotic device or drone that is mounted with a weapon. It does not affect the U.S. Department of Defense, its military contractors, or companies that obtain a waiver from the Attorney General to test anti-weaponization technologies. The bill also clarifies that warrants are needed when entry onto private property is made by a robot, except in exigent circumstances, just as it would be for an officer.

An Act relative to controlling and abusive litigation

This bill would prevent perpetrators of domestic violence from using litigation as a form of continued harassment. Controlling and abusive litigation is when someone uses the court system to exert power and control over a victim. Tactics of abusive litigation include taking the survivor, or their loved ones, to court again and again to maintain control, harass, intimidate, coerce, and impoverish the survivor.  

While the Massachusetts Legislature took up legislation regarding abuse and exploitation last session, this gap in our legal system was not addressed. This bill effectively corrects this injustice by defining the abuse in the general laws as well as provides a framework for the courts to use when a party is accused of abusive litigation and if they are found guilty.

An Act updating the Commonwealth's wiretap statutes 

As Massachusetts general law currently stands, law enforcement may use a wiretap or a witness to record conversations only when the crime is linked to organized crime, and only when that organized crime narrowly includes “a continuing enterprise to supply illegal goods and services.” This is an extraordinarily limiting set of rules and circumstances, and they very often prevent the investigation and prosecution of many other serious crimes that fall outside of those definitions, such as hate crimes, civil rights violations, and illegal firearm trafficking. 

This legislation would amend the current wiretapping law, which was passed in 1968, to update the technologies covered by the law and expand the authority of law enforcement to use these capabilities to investigate crimes such as illegal firearm trafficking, hate crimes, and civil rights violations. This legislation would not change the extremely rigorous process a wiretap request must go through, including who may request and authorize a wiretap, as well as the existing factors and high bar of exhaustion that needs to be met in order to request a wiretap.

An Act standardizing consideration of pets in divorce and separation

This bill would allow for the courts to consider the custody of a couple's pets upon separation, taking into account the best interest of the animal as well as any history of animal abuse or human violence. Traditionally, in divorce or separation proceedings, judges may divide property between parties, such as cars, furniture, and even the family pet. When determining ownership of a pet in divorce or separation proceedings, the judge will typically assign ownership of the pet to the party who initially paid for the animal’s adoption or purchase — this is a narrow evaluation that puts the animal’s well-being at risk and that particularly penalizes victims of domestic abuse, whose abusers often control finances and paperwork. 

New Massachusetts case law allows the court to enforce even-informal pet custody agreements between non-married partners: however, this does not address how a court handles non-married partners without any such agreement or any married couples in divorce and separation proceedings. This bill is intended to provide a consistent framework in statute for judges to use in determining ownership of a pet while ensuring enough flexibility for a judge to use their discretion in evaluating individual circumstances, and help protect the best interest of the family pet, protect survivors of family violence, and protect the emotional attachment between a pet and any children involved.  

An Act extending the civil statute of limitations for child abuse

A decade ago, the Massachusetts Legislature extended the statute of limitations on child sexual abuse. The amended law allows an individual at least 35 years after their 18th birthday to file civil actions against their abusers, and at least 7 years from their 18th birthday to file civil actions against those whose negligence contributed to the abuse. With this decision, the Legislature was recognizing that many individuals have trouble complying with short statutes of limitation due to the trauma associated with abuse, often causing them to delay disclosure until they are older. While this change has allowed many to seek restitution and justice they deserve, the change was made only in cases of child sexual abuse.  

This bill would extend the 2014 law to provide the longer statute of limitations to cover non-sexual child abuse, giving victims more time to hold their abusers accountable. Currently, the law omits many cases of non-sexual child abuse that can have similar traumatic impact on children – both in terms of long-term damage and delays in when the survivors feel ready and able to make their abuse public. Aligning these standards will allow thousands of survivors to better pursue the justice they deserve. 

An Act relative to police interactions with persons on the autism spectrum

This bill would require all law enforcement officers, including correctional officers, to undergo training for interactions with individuals on the autism spectrum to ensure that those hired to protect and these individuals are properly educated on how to handle any high-pressure situation they may be in during the course of their career. While the police reform bill signed during the 191st session by former Governor Charlie Baker was a monumental step in making the Commonwealth safer for all, currently training is only done for new correctional officers. This lack of training could have catastrophic results as corrections officers are responsible for the custody of individuals with intellectual and developmental disabilities on a daily basis.

An Act to update Nicky's Law to protect individuals with disabilities in MassHealth day habilitation programs

This bill would expand Nicky’s Law to require MassHealth Day Habilitation providers to use the abuse registry established by the original legislation — signed into law in 2020 by former Governor Baker — that I filed during the 191st session.

Nicky’s Law established a registry of care providers found guilty of registrable abuse after Nicky Chan, a young man with a disability, was abused by an employee at a day program he attended. Because no registry existed, this employee, and the witness who never reported the abuse, were able to find employment at another agency. This bill will ensure no individual with a disability will be subject to abuse while receiving services from a MassHealth Day Habilitation program.

An Act relative to improving sexual violence survivor protections

This legislation aims to strengthen protections for survivors of sexual violence. This bill would ensure that survivors have the choice to remain anonymous if they choose to have a Sexual Assault Evidence Kit done by law enforcement, as well as decide to have it stored and preserved by the law enforcement agency during the duration of the statute of limitations. Additionally, the bill ensures the protection of an anonymous sexual assault survivor’s DNA within the kit from being used to prosecute the survivor in an unrelated investigation.

The act of getting a Sexual Assault Evidence Kit can be a traumatic experience for a survivor, who was courageous enough to come forward and report their sexual violence to law enforcement. While they may not choose to seek legal action at that time, we have a duty and an obligation to provide survivors with the necessary means to seek justice when they are ready and to make sure all of their evidence is treated with the respect and care that it deserves.

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

Effective training protocols can be used to assist our law enforcement in their responsibility to keep our roads safe, especially with the support of technological advancements. This bill was developed in conjunction with the Cannabis Control Commission to help the Commonwealth better address the effects of impaired driving. Specifically, the bill would establish a special commission to review all aspects of law enforcement’s ability to properly test impaired drivers on operating under the influence.  

While the mission of the Commission would extend to all impaired driving, it includes specific directives regarding the challenges of legalized marijuana. The Commission is directed to study the emerging scientific and medical tests, as well as consider the civil liberties of the driver, the socio-economic impacts of the testing, and the admissibility of evidence in court proceedings. As the cannabis industry grows, it is imperative that the dangers of driving impaired are taken seriously and that our law enforcement has the tools in place to keep our roads safe.   

An Act relative to the use of unmanned aerial systems

While modernization and technological advancements are tools used by many to enhance efficiency and make life easier, there are unintended dangers due to those who use these advanced technologies with malicious intent. This bill was crafted in partnership with the ACLU of Massachusetts and would establish common sense guardrails for the use of unmanned aerial systems, also known as drones. Specifically, the bill requires government drones be authorized by public safety personnel and the community, requires law enforcement to procure a warrant for drone surveillance in regard to a criminal investigation, and includes clear exemptions for emergency scenarios.  

Not long ago it seemed drones were used exclusively for foreign military operations, but recent advances have made them affordable, easy to use, and increasingly common. The use of drones as a surveillance tool can be extraordinarily helpful in emergency situations and everyday criminal investigations. However, policies must be implemented to balance the benefits of the technology within the established legal standards of privacy. This bill will allow for an unhindered response when a drone could be helpful to a tactical police operation while protecting civil liberties.

An Act relative to pensions for children of public safety officers killed in the line of duty

This bill would allow the surviving spouses of firefighters, police officers, or corrections officers killed in the line of duty or as a result of specific circumstances to collect a pension amount equal to that salary the firefighter, police officer or correction officer would have earned if they stayed in service. The bill also regulates calculation of maximum benefits and distribution of benefits to surviving spouses and surviving children.

Dangerous conditions are expected with the job, and the families and loved ones of those who hold these positions carry that weight with them. To ensure our safety, these first responders and law enforcement personnel and their families put their lives and livelihoods at risk every day. This bill aims to provide these loved ones with security, should a catastrophic event take place.

An Act to allow temporary door-locking devices in public buildings

This bill provides a fast and effective solution to an unfortunately ever-increasing risk to widespread public safety: mass shootings. This bill would require the Executive Office of Public Safety and Security to update building regulations that currently prevent the use of certain door-locking devices. These devices have the potential to greatly improve the security of schools and other public buildings as well as better equip these spaces to more effectively provide adequate protection in these all-too-common events. 

While other states and international building codes have been updated in ways that allow these devices, Massachusetts’ regulations have lagged behind, preventing the instillation in several municipalities in Massachusetts. Today, thousands of individuals annually, including children and seniors, are forced to witness gun violence or events of mass destruction whether in their schools, their communities, or their homes. These events have lasting impacts on their survivors and, in some instances, the only barrier between them and danger is a non-substantial barricade.

An Act relative to lawfully owed DNA

This bill was filed in response to a troubling threat to public safety regarding the collection of DNA samples by the criminal justice system. Collection of DNA samples is a tremendous responsibility and is limited to serious crimes. These samples are maintained in a database that can be used to both identify and eliminate suspects in a range of crimes but are especially useful for sexual assaults. Due to administrative challenges and a lack of oversight, as many as 1,500+ samples or more can go uncollected. While some solutions have been implemented at the county level where most collections occur, there is a significant need for state level oversight.  

This bill would require an audit of the state crime lab to identify individuals who have failed to submit legally required DNA samples following felony convictions. The state involvement and annual audits will help identify areas of concern in the collection process, and prevent widespread, systematic failures from occurring again. DNA collection is an important tool for maintaining public safety, and we owe it to victims, survivors, and the public to maintain an effective and efficient system.

An Act to enhance courthouse security

Last session, a provision of this bill to prohibit firearms from being brought into a courthouse was included in An Act Modernizing Firearm Laws. The second provision, which I have refiled this session, is a common-sense change empowering court officers to perform their duties to protect the public and court employees. Currently, their enforcement powers only exist within the courthouse, which does not recognize the reality of modern court proceedings or security best practices. The bill will extend these enforcement powers to the courthouse grounds and to outside locations during remote court proceedings.  

As we have seen in recent years, the court systems have become a flash point for protests and occasionally violence. Under Massachusetts law, court officers in the Trial Court are significantly limited in their ability to respond and manage these unpredictable situations, even if the danger had reached the courthouse steps. Remote proceedings are also an important part of judicial proceedings in some cases. At these remote proceedings, Court Officers are still the primary entity responsible for the safety and smooth functioning of the court’s business. However, they are limited by law in how they can respond to disturbances that could arise. Expanding their powers for these circumstances will make proceedings safer both at the courthouse and beyond.