Text of MA S 2612 (2024)

SENATE . . . . . . . . . . . . . . No. 2612 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ SENATE, February 2, 2024. The committee on The Judiciary, to whom was referred the petitions (accompanied by bill, Senate, No. 905) of Michael J. Barrett for legislation to eliminate the public counsel fee; (accompanied by bill, Senate, No. 907) of Michael D. Brady for legislation relative to benefits for court officers and county sheriff office employees; (accompanied by bill, Senate, No. 908) of Michael D. Brady for legislation to further regulate the reporting requirements of mortgages secured by residential property; (accompanied by bill, Senate, No. 909) of Michael D. Brady and Anne M. Gobi for legislation relative to child-centered family law; (accompanied by bill, Senate, No. 911) of Michael D. Brady for legislation relative to employees of private railroads; (accompanied by bill, Senate, No. 917) of William N. Brownsberger for legislation relative to advertising for justices of the peace; (accompanied by bill, Senate, No. 918) of Nick Collins for legislation relative to due process; (accompanied by bill, Senate, No. 919) of Nick Collins for legislation relative to the statute of limitations in rape, assault and human trafficking crimes; (accompanied by bill, Senate, No. 924) of Cynthia Stone Creem, Marian T. Ryan, Middlesex District Attorney and Michael J. Barrett for legislation to amend the definition of hate crime; (accompanied by bill, Senate, No. 925) of Cynthia Stone Creem for legislation to stop mass shootings; (accompanied by bill, Senate, No. 929) of Cynthia Stone Creem, Michael J. Barrett and Joanne M. Comerford for legislation to eliminate mandatory minimum sentences related to drug offenses; (accompanied by bill, Senate, No. 930) of Cynthia Stone Creem for legislation relative to access to a decedent's electronic mail accounts; (accompanied by bill, Senate, No. 931) of Cynthia Stone Creem, Sal N. DiDomenico and Jason M. Lewis for legislation to improve data collection in the juvenile justice system; (accompanied by bill, Senate, No. 932) of Cynthia Stone Creem for legislation to preserve certain appellate rights; (accompanied by bill, Senate, No. 934) of Cynthia Stone Creem for legislation relative to the elective share of surviving spouses.; (accompanied by bill, Senate, No. 935) of Cynthia Stone Creem for legislation relative to costs of appeals by the Commonwealth; (accompanied by bill, Senate, No. 937) of Cynthia Stone Creem for legislation to clarify the rights of joint owners of real property and abolish certain inconsistent or archaic rules; (accompanied by bill, Senate, No. 943) of Brendan P. Crighton, Jacob R. Oliveira, Susannah M. Whipps and Thomas M. Stanley for legislation to modernize notary services; (accompanied by bill, Senate, No. 944) of Julian Cyr for legislation to enhance the rights of crime victims in the Commonwealth; (accompanied by bill, Senate, No. 948) of Julian Cyr for legislation relative to protections for good samaritans; (accompanied by bill, Senate, No. 949) of Sal N. DiDomenico for legislation to address discriminatory police reporting; (accompanied by bill, Senate, No. 952) of Sal N. DiDomenico, Jason M. Lewis, Susannah M. Whipps and James K. Hawkins for legislation to protect survivors of rape and their children; (accompanied by bill, Senate, No. 953) of Sal N. DiDomenico, Liz Miranda, Jack Patrick Lewis, Vanna Howard and other members of the General Court for legislation to restore enforcement of civil rights; (accompanied by bill, Senate, No. 957) of Lydia Edwards, Sal N. DiDomenico, James B. Eldridge and Patrick M. O'Connor for legislation to protect black girls from targeted toxicity; (accompanied by bill, Senate, No. 958) of Lydia Edwards, Paul W. Mark and Patrick M. O'Connor for legislation to protect employee free speech; (accompanied by bill, Senate, No. 960) of Ryan C. Fattman for legislation relative to illegal drug and firearm trafficking; (accompanied by bill, Senate, No. 961) of Ryan C. Fattman for legislation to strengthen the identity law; (accompanied by bill, Senate, No. 963) of Ryan C. Fattman for legislation relative to direct food donations; (accompanied by bill, Senate, No. 964) of Ryan C. Fattman for legislation relative to defacing property; (accompanied by bill, Senate, No. 965) of Ryan C. Fattman and Steven George Xiarhos for legislation relative to fentanyl arrests; (accompanied by bill, Senate, No. 966) of Ryan C. Fattman for legislation relative to health care proxy reform; (accompanied by bill, Senate, No. 967) of Paul R. Feeney for legislation to eradicate human trafficking and promoting transparency in the retail supply chain; (accompanied by bill, Senate, No. 968) of Paul R. Feeney for legislation to reform alimony in the Commonwealth; (accompanied by bill, Senate, No. 969) of Paul R. Feeney for legislation relative to the federal tax collateral consequences of alimony; (accompanied by bill, Senate, No. 971) of Barry R. Finegold for legislation relative to the malicious doxing of personal information; (accompanied by bill, Senate, No. 974) of Barry R. Finegold for legislation relative to uniform fiduciary access to digital assets; (accompanied by bill, Senate, No. 975) of Barry R. Finegold for legislation relative to the process for amending marriage certificates; (accompanied by bill, Senate, No. 976) of Melissa Ferris for legislation relative to child custody orders; (accompanied by bill, Senate, No. 979) of Cindy F. Friedman, Kelly W. Pease, Jason M. Lewis, Joanne M. Comerford and other members of the General Court for legislation to provide easier and greater access to record sealing; (accompanied by bill, Senate, No. 981) of Cindy F. Friedman for legislation relative to guilty but with a mental illness; (accompanied by bill, Senate, No. 985) of Anne M. Gobi for legislation relative to the expansion of the Good Samaritan law; (accompanied by bill, Senate, No. 986) of Anne M. Gobi, Steven George Xiarhos and Marcus S. Vaughn for legislation to include certain crimes against police officers as hate crimes; (accompanied by bill, Senate, No. 987) of Anne M. Gobi for legislation to establish a commission to study judicial accountability in the Commonwealth; (accompanied by bill, Senate, No. 989) of Anne M. Gobi for legislation to establish the right of disposition; (accompanied by bill, Senate, No. 990) of Anne M. Gobi and Michael O. Moore for legislation to update proof of age documentation; (accompanied by bill, Senate, No. 992) of Jill Woodworth for legislation to place a moratorium on slaughterhouse infrastructure; (accompanied by bill, Senate, No. 994) of Adam Gomez for legislation to prevent unnecessary vacancies in foreclosed homes; (accompanied by bill, Senate, No. 996) of Adam Gomez for legislation to reform the hate crime statutes; (accompanied by bill, Senate, No. 997) of Adam Gomez, Joanne M. Comerford, Rebecca L. Rausch, Patricia D. Jehlen and other members of the Senate for legislation relative to Massachusetts state sovereignty; (accompanied by bill, Senate, No. 998) of Adam Gomez, Patricia D. Jehlen and Lydia Edwards for legislation to remove collateral consequences and protect the presumption of innocence; (accompanied by bill, Senate, No. 999) of Adam Gomez, Joanne M. Comerford, John F. Keenan, Sal N. DiDomenico and other members of the Senate for legislation relative to vacant receivership property; (accompanied by bill, Senate, No. 1001) of Adam Gomez for legislation to improve after hours bail procedures; (accompanied by bill, Senate, No. 1002) of Adam Gomez, Liz Miranda, Rebecca L. Rausch, James K. Hawkins and other members of the General Court for legislation to support survivors of trafficking and abuse and encouraging increased access to opportunities through expungement and/or sealing of records; (accompanied by resolve, Senate, No. 1006) of Adam Gomez, Russell E. Holmes and Carlos González that provisions be made for an investigation and study by a special commission (including members of the General Court) to increase racial diversity among judges in Massachusetts; (accompanied by bill, Senate, No. 1008) of Patricia D. Jehlen for legislation to enhance justice for families harmed by lead; (accompanied by bill, Senate, No. 1013) of John F. Keenan for legislation to protect election workers; (accompanied by bill, Senate, No. 1015) of Edward J. Kennedy for legislation to prohibit gunfire directed at dwelling houses; (accompanied by bill, Senate, No. 1017) of Edward J. Kennedy and Angelo J. Puppolo, Jr. for legislation to establish a foreclosure review division; (accompanied by bill, Senate, No. 1018) of Edward J. Kennedy for legislation relative to the use of public transportation by jurors; (accompanied by bill, Senate, No. 1019) of Robyn K. Kennedy, Rebecca L. Rausch, Susannah M. Whipps, Jack Patrick Lewis and other members of the General Court for legislation to improve protections for sexual assault survivors; (accompanied by bill, Senate, No. 1021) of Jason M. Lewis and Steven Ultrino for legislation relative to the termination of rental agreements or tenancy by certain tenants; (accompanied by bill, Senate, No. 1025) of Jason M. Lewis and Marian T. Ryan for legislation relative to visitation and family court matters in domestic violence cases; (accompanied by bill, Senate, No. 1026) of Jason M. Lewis for legislation to determine the best interest of children in probate and family court; (accompanied by bill, Senate, No. 1028) of Jason M. Lewis for legislation relative to judicial discretion for probation; (accompanied by bill, Senate, No. 1029) of Jason M. Lewis for legislation relative to prejudgment interest rates; (accompanied by bill, Senate, No. 1030) of Jason M. Lewis for legislation to provide protection from child enticement; (accompanied by resolve, Senate, No. 1031) of Vincent Lawrence Dixon that provisions be made for an investigation and study by a special commission to review, replace, and eliminate the Grand Jury System; (accompanied by bill, Senate, No. 1033) of Vincent Lawrence Dixon for legislation to provide for the development of a graduate judicial training school; (accompanied by bill, Senate, No. 1034) of Vincent Lawrence Dixon for legislation to enhance state anti-trust powers and enforcement; (accompanied by bill, Senate, No. 1041) of Joan B. Lovely for legislation relative to minimizing suffering during the commitment process; (accompanied by bill, Senate, No. 1042) of Paul W. Mark for legislation relative to appeals from the decisions of clerk-magistrates; (accompanied by bill, Senate, No. 1043) of Paul W. Mark and Angelo J. Puppolo, Jr. for legislation to protect titles to real estate in Massachusetts; (accompanied by bill, Senate, No. 1044) of Paul W. Mark for legislation to prohibit injurious operations or offering services or products that discriminate against or injure protected classes; (accompanied by bill, Senate, No. 1048) of Liz Miranda and Joanne M. Comerford for legislation relative to summary process and rental assistance; (accompanied by bill, Senate, No. 1049) of Liz Miranda, Jason M. Lewis, Patricia D. Jehlen and Lindsay N. Sabadosa for legislation relative to diversion for primary caretakers; (accompanied by bill, Senate, No. 1051) of Liz Miranda for legislation to restore judicial discretion in controlled substance cases; (accompanied by bill, Senate, No. 1054) of Mark C. Montigny, Michael O. Moore and Rebecca L. Rausch for legislation to provide compensation for loss of income for victims of forced labor and sexual servitude; (accompanied by bill, Senate, No. 1055) of Mark C. Montigny, Michael O. Moore and Anne M. Gobi for legislation to protect survivors of domestic abuse; (accompanied by bill, Senate, No. 1056) of Mark C. Montigny and Jack Patrick Lewis for legislation to improve enforcement for tethering violations; (accompanied by bill, Senate, No. 1058) of Mark C. Montigny, Michael O. Moore and Anne M. Gobi for legislation to protect victims of rape and their children; (accompanied by bill, Senate, No. 1061) of Mark C. Montigny for legislation to enhance the lives of survivors of human trafficking; (accompanied by bill, Senate, No. 1062) of Mark C. Montigny for legislation to extend the statute of limitations for certain actions involving international human rights abuses; (accompanied by bill, Senate, No. 1063) of Mark C. Montigny, Steven Ultrino, Michael O. Moore and Rebecca L. Rausch for legislation to prevent human trafficking through increased public awareness; (accompanied by bill, Senate, No. 1064) of Mark C. Montigny for legislation relative to the limitation of tort liability on charitable organizations; (accompanied by bill, Senate, No. 1065) of Mark C. Montigny for legislation to prevent unscrupulous medical debt recovery practices; (accompanied by bill, Senate, No. 1066) of Mark C. Montigny for legislation to address leaving the scene of an accident resulting in death aka Katie Brienzo's Law; (accompanied by bill, Senate, No. 1067) of Mark C. Montigny for legislation relative to public charity executive and board of directors compensation; (accompanied by bill, Senate, No. 1068) of Michael O. Moore for legislation to add law enforcement councils to the definition of employer under the tort claim law; (accompanied by bill, Senate, No. 1071) of Michael O. Moore for legislation to enhance courthouse security; (accompanied by bill, Senate, No. 1072) of Michael O. Moore for legislation to update hunter harassment laws; (accompanied by bill, Senate, No. 1075) of Michael O. Moore for legislation to update the Commonwealth's wiretap statutes; (accompanied by bill, Senate, No. 1078) of Michael O. Moore and Jack Patrick Lewis for legislation to establish a bill of rights for survivors of sexual assault and related purposes; (accompanied by bill, Senate, No. 1081) of Susan L. Moran and Joanne M. Comerford for legislation to improve access to fentanyl test strips and other drug checking equipment; (accompanied by bill, Senate, No. 1084) of Patrick M. O'Connor for legislation relative to preventing ocean littering; (accompanied by bill, Senate, No. 1085) of Patrick M. O'Connor for legislation to establish a special commission relative to the uniformity of sex offender residency restrictions in the Commonwealth; (accompanied by bill, Senate, No. 1086) of Patrick M. O'Connor for legislation relative to juvenile offenders; (accompanied by bill, Senate, No. 1087) of Patrick M. O'Connor and Steven George Xiarhos for legislation to set proportionate penalties for the distribution of heroin, fentanyl, and carfentanil; (accompanied by bill, Senate, No. 1088) of Patrick M. O'Connor for legislation relative to the protection of police officers; (accompanied by bill, Senate, No. 1089) of Patrick M. O'Connor for legislation relative to health care proxies; (accompanied by bill, Senate, No. 1090) of Patrick M. O'Connor for legislation relative to level- three sex offender residency restrictions; (accompanied by bill, Senate, No. 1091) of Patrick M. O'Connor for legislation relative to visitation rights of grandparents; (accompanied by bill, Senate, No. 1092) of Patrick M. O'Connor for legislation to protect innocent sellers; (accompanied by bill, Senate, No. 1093) of Patrick M. O'Connor and Angelo J. Puppolo, Jr. for legislation to provide a defense to prosecution for violations of the wiretap law for interceptions made to make a record of threats, harassment or other crimes; (accompanied by bill, Senate, No. 1094) of Patrick M. O'Connor, Ryan C. Fattman and F. Jay Barrows for legislation relative to bodily autonomy and family integrity; (accompanied by bill, Senate, No. 1095) of Patrick M. O'Connor, Steven George Xiarhos and Patrick Joseph Kearney for legislation relative to drug induced homicide; (accompanied by bill, Senate, No. 1096) of Patrick M. O'Connor and Steven George Xiarhos for legislation to empower and protect survivors of domestic violence; (accompanied by bill, Senate, No. 1099) of Patrick M. O'Connor and Steven George Xiarhos for legislation to protect survivors of domestic violence; (accompanied by bill, Senate, No. 1100) of Patrick M. O'Connor and Steven George Xiarhos for legislation to establish a domestic violence and sexual assault probation unit; (accompanied by bill, Senate, No. 1102) of Jacob R. Oliveira, Mathew J. Muratore, Patrick M. O'Connor, Josh S. Cutler and others for legislation relative to threats of suicide while in court custody (Stavri’s Law); (accompanied by bill, Senate, No. 1103) of Jacob R. Oliveira and John J. Lawn, Jr. for legislation relative to due process; (accompanied by bill, Senate, No. 1110) of Rebecca L. Rausch and Jack Patrick Lewis for legislation relative to support consenting young adults; (accompanied by bill, Senate, No. 1113) of Rebecca L. Rausch for legislation to strengthen the commonwealth's Anti-SLAPP law; (accompanied by bill, Senate, No. 1115) of Rebecca L. Rausch for legislation to protect the free flow of information in Massachusetts; (accompanied by bill, Senate, No. 1116) of Rebecca L. Rausch, David Allen Robertson, Simon Cataldo and Steven S. Howitt for legislation to establish a right to freedom from doxing; (accompanied by bill, Senate, No. 1117) of Michael F. Rush and Paul McMurtry for legislation relative to bank robberies and collection of fraudulent checks; (accompanied by bill, Senate, No. 1118) of Michael F. Rush and Paul McMurtry for legislation to further clarify dog bite liability; (accompanied by bill, Senate, No. 1119) of Bruce E. Tarr for legislation relative to safe driving and open containers; (accompanied by bill, Senate, No. 1120) of Bruce E. Tarr for legislation to recover assets used in the commission of sexual offenses; (accompanied by bill, Senate, No. 1121) of Bruce E. Tarr for legislation relative to hate crimes; (accompanied by bill, Senate, No. 1123) of Bruce E. Tarr for legislation relative to the tracking of medical malpractice cases; (accompanied by bill, Senate, No. 1124) of Bruce E. Tarr for legislation relative to crimes relating to distribution of controlled substances causing death; (accompanied by bill, Senate, No. 1125) of Bruce E. Tarr for legislation relative to treble damages; (accompanied by bill, Senate, No. 1126) of Bruce E. Tarr and Vanna Howard for legislation to promote pet safety aka Crawford's Law; (accompanied by bill, Senate, No. 1127) of Bruce E. Tarr for legislation relative to determining the best interest of children in probate and family court; (accompanied by bill, Senate, No. 1128) of Bruce E. Tarr for legislation to update the wiretap statutes in the Commonwealth; (accompanied by bill, Senate, No. 1131) of Joyce Tomaselli and Gracemarie Tomaselli for legislation to strengthen rules governing attorney conduct; penalties for misconduct; (accompanied by bill, Senate, No. 1132) of Bruce E. Tarr for legislation relative to strategic litigation against public participation; (accompanied by bill, Senate, No. 1133) of John C. Velis for legislation to establish the Massachusetts judicial security act; (accompanied by bill, Senate, No. 1134) of John C. Velis, Joanne M. Comerford and James B. Eldridge for legislation to clarify insurance liability for foster care providers; (accompanied by bill, Senate, No. 1135) of John C. Velis for legislation to establish penalties for the filing of false reports against police officers; (accompanied by bill, Senate, No. 1136) of John C. Velis and Steven George Xiarhos for legislation relative to domestic violence reports and confidentiality; (accompanied by bill, Senate, No. 1137) of John C. Velis and James B. Eldridge for legislation relative to legal advertisements in online-only newspapers; (accompanied by bill, Senate, No. 1138) of John C. Velis for legislation to improve the administration of justice in probate and family court; (accompanied by bill, Senate, No. 1141) of John C. Velis for legislation relative to the length of wiretap warrants; (accompanied by bill, Senate, No. 1143) of John C. Velis, Angelo J. Puppolo, Jr. and Kelly W. Pease for legislation relative to wagering on recreational games at senior centers; (accompanied by bill, Senate, No. 2294) of Bruce E. Tarr for legislation to promote motor vehicle safety; (accompanied by bill, Senate, No. 2398) (subject to Joint Rule 12) of Joan B. Lovely for legislation relative to the well-being of new mothers and infants; (accompanied by bill, Senate, No. 2521) (subject to Joint Rule 12) of Adam Gomez, Attorney General Andrea Joy Campbell, and Lydia Edwards for legislation to establish the Environmental Justice Trust Fund; (accompanied by bill, Senate, No. 2538) (subject to Joint Rule 12) of Barry R. Finegold for legislation relative to the designation of Jury Clerk in the Haverhill District Court; and (accompanied by bill, Senate, No. 2560) (subject to Joint Rule 12) of Pavel M. Payano and Joanne M. Comerford for legislation relative to uniform partition of heirs property, report the accompanying Order (Senate, No. 2612). For the committee, James B. Eldridge 1 of 1 SENATE . . . . . . . . . . . . . . No. 2612 The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ Senate, February 08, 2024. 1 Ordered, That the committee on The Judiciary be authorized and directed to make an 2 investigation and study of certain current Senate documents numbered 905, 907, 908, 909, 911, 3 917, 918, 919, 924, 925, 929, 930, 931, 932, 934, 935, 937, 943, 944, 948, 949, 952, 953, 957, 4 958, 960, 961, 963, 964, 965, 966, 967, 968, 969, 971, 974, 975, 976, 979, 981, 985, 986, 987, 5 989, 990, 992, 994, 996, 997, 998, 999, 1001, 1002, 1006, 1008, 1013, 1015, 1017, 1018, 1019, 6 1021, 1025, 1026, 1028, 1029, 1030, 1031, 1033, 1034, 1041, 1042, 1043, 1044, 1048, 1049, 7 1051, 1054, 1055, 1056, 1058, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1071, 1072, 8 1075, 1078, 1081, 1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 9 1096, 1099, 1100, 1102, 1103, 1110, 1113, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1123, 10 1124, 1125, 1126, 1127, 1128, 1131, 1132, 1133, 1134, 1135, 1136, 1137, 1138, 1141, 1143, 11 2294, 2398, 2521, 2538, and 2560 relative to judicial matters.