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Bill > H1493


MA H1493

MA H1493
To remove collateral consequences and protect the presumption of innocence


summary

Introduced
02/16/2023
In Committee
02/16/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

193rd General Court

Bill Summary

For legislation to remove collateral consequences and protect the presumption of innocence. The Judiciary.

AI Summary

This bill aims to remove collateral consequences and protect the presumption of innocence. It proposes several key changes: 1. Reducing the waiting period for sealing records for certain offenses from 10 years to 7 years, and from 5 years to 3 years for other offenses. 2. Requiring the commissioner to seal records for offenses that did not result in a conviction without imposing a waiting period. 3. Requiring the sealing of records for juvenile offenses that did not result in an adjudication, unless the juvenile objects. 4. Mandating the immediate sealing of records for criminal offenses that did not result in a conviction, unless the defendant objects. 5. Defining "conviction" as only a finding of guilt, excluding continuances without a finding. 6. Requiring the department to provide a written statement that a presumption of innocence applies to individuals with pending charges or offenses that did not result in a conviction. 7. Providing individuals or their legal representatives direct access to their sealed records without a court order. The overall goal of this bill is to reduce the negative impacts and collateral consequences associated with criminal records, particularly for those who were not convicted, and to reinforce the presumption of innocence.

Committee Categories

Justice

Sponsors (16)

Last Action

Accompanied a study order, see H4517 (on 06/05/2024)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://malegislature.gov/Bills/193/H1493
BillText https://malegislature.gov/Bills/193/H1493.pdf
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