H 4703 - Sentencing Law Amendments - Massachusetts Key Vote

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Title: Sentencing Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that amends laws regarding access to criminal offender record information.

Highlights:

-Establishes a department of criminal justice information services within the executive office to ensure the prompt collection, exchange, dissemination and distribution of such public safety information, which is under the supervision and control of a commissioner whom is appointed by the secretary (Sec. 8). -Establishes the criminal history systems board, which shall consist of government officials as well as 10 other people appointed by the governor (Sec 9). -Specifies that civil fines payable to the commonwealth are not to exceed $5,000 for each violation (Sec. 10). -Requires the newly created criminal record review board to make an annual report of the volume and disposition of complaints without identifying data on any complaint or other information that would include criminal offender record information; the report will be available to the public upon request (Sec. 12). -Authorizes an individual that has been denied access to evaluative information to appeal the denial in writing within thirty days to the board or to a three-member panel (Sec. 18). -Specifies that if a person in possession of an applicant's criminal offender record information has provided the applicant with a copy of his information prior to questioning, the person does not have to provide the information a second time (Sec. 19). -Requires the department of criminal justice information services to maintain criminal offender record information in a database, which shall exist in an electronic format and be accessible via the internet (Sec. 21). -Authorizes criminal justice agencies and licensing authorities to obtain all criminal offender record information, including sealed records, for the purpose of firearms licensing (Sec. 21). -Authorizes requestors to obtain criminal offender record information in order to evaluate current and prospective employees, applicants for rental or lease of housing, volunteers for services, and applicants for a professional or occupational license (Sec. 21). -Specifies that criminal offender record information be made available for 10 years following their disposition of felony convictions, for 5 years following their disposition of misdemeanors, and until the case is dismissed for pending criminal charges (Sec. 21). -Authorizes a member of the general public, upon written request, to obtain criminal offender records for (Sec. 21):

    -Convictions of any felony punishable by a term of imprisonment of 5 years or more; -Felony convictions for 2 years following their disposition; and -Misdemeanor convictions for 1 year following their disposition.
-Requires convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses to remain in the database permanently and shall be available to all requestors (Sec. 21). -Specifies that no employer shall be liable for discriminatory employment practices for not having hired someone based off his criminal offender record information that included incorrect information (Sec. 21). -Authorizes any person access to information indicating custody status and placement within the correction system provided that no information identifying family members, friends, medical or psychological history, or any other personal information is disclosed (Sec. 21). -Establishes the Criminal Justice Information Services Fund consisting of all fees for criminal offender record information requests or self-audits collected and administered by the commissioner of the department of criminal justice information services (Sec. 52). -Authorizes criminal justice agencies to have immediate access to, and be permitted to use as necessary for the performance of their criminal justice duties, any sealed criminal offender record information and any sealed information concerning criminal offenses or acts of delinquency committed by a person before the person attained the age of 17 (Sec. 121).

Title: Sentencing Law Amendments

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

NOTE: A NEW BILL NUMBER IS ASSIGNED WHEN A NEW VERSION OF THE BILL IS DRAFTED.

Committee Sponsors

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

NOTE: A NEW BILL NUMBER IS ASSIGNED WHEN A NEW VERSION OF THE BILL IS DRAFTED.

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