Bill > H1685

This bill, known as "Stavri's Law", amends an existing Massachusetts law regarding the privacy and reporting of mental health examination and commitment proceedings. The bill modifies Section 36A of chapter 123 of the General Laws to maintain the confidentiality of mental health-related court documents while allowing specific information sharing for public safety purposes. Under the new provisions, court records from mental health proceedings remain private, but courts can transmit certain information to the Department of Criminal Justice Information Services for three specific purposes: (1) providing licensing authorities with background check information for firearm sales or licensing, (2) sharing required information with the Federal Bureau of Investigation for the National Instant Criminal Background Check System, and (3) notifying law enforcement agencies about an individual's Section 35 proceeding, its date(s), and any commitment order to help assess suicide risk in custody. Importantly, the bill explicitly states that information should not be transmitted solely because a person seeks voluntary treatment or is involuntarily hospitalized for assessment. The transmitted information is not considered a public record and, in cases involving existing firearm-related licenses, will be automatically shared with the relevant licensing authority.

Justice

https://malegislature.gov/Bills/194/H1685