By Mr. Brownsberger of Belmont, petition (accompanied by bill, House, No. 1335) of William N. Brownsberger and Michael E. Festa requesting the Massachusetts Sentencing Commission to make recommendations regarding criminal offender record information, motor vehicle license suspensions and other collateral consequences of criminal dispositions.  The Judiciary.

The Commonwealth of Massachusetts

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PETITION OF:

William N. Brownsberger

Michael E. Festa

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In the Year Two Thousand and Seven.

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An Act requesting the Massachusetts Sentencing Commission to make recommendations regarding criminal offender record information, motor vehicle license suspensions and other collateral consequences of criminal dispositions .

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter Two Hundred Eleven E of the General Laws is amended by adding the following new section:

"Section 5. (a) The commission shall author and transmit to the General Court and to the Governor a report making recommendations as to the issues addressed in sub-section (c) and sub-section (e) of this section.  If the principal recommendations in the report are not unanimously adopted by the commission, the report may include dissenting comments. 

(b)           The report shall have no effect unless enacted into law.

(c)           The report shall inventory, assess and make recommendations as to the collateral consequences of conviction and other dispositions of criminal cases under the laws of the Commonwealth, including but not limited to:

(i)            the dissemination of criminal record information;

(ii)           loss or restriction of driving privileges (to the extent imposed as a result of non-motor-vehicle offenses);

(iii)          loss or restriction of access to housing;

(iv)          loss or restriction of employment opportunities;

 (d)          The following collateral consequences of conviction shall be beyond the scope of the report:

(i)            sex offender registry and notification;

(ii)           DNA registry;

(iii)          immigration consequences;

(iv)          loss or restriction of any professional license;

(v)           loss or restriction of insurance coverage;

(vi)          state and federal sentencing enhancements;

(vii)         loss or restriction of driving privileges (to the extent imposed as a result of motor vehicle offenses);

(viii)        loss or restriction of public contracting privileges;

(ix)           loss or restriction of firearm licensing.

(e)           The report shall also make recommendations as to the effective allocation of authority between judges, prosecutors and regulatory agencies as to the imposition of collateral consequences.

(f)            Before making its report, the commission shall conduct one or more public hearings and also shall seek consultation from the Registrar of Motor Vehicles, the Criminal History Systems Board and the Massachusetts Housing Partnership and such other officials and authorities as it may deem helpful.