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By Mr. Linsky of Natick, petition (accompanied by bill, House, No. 1577) of David Paul Linsky and others relative to name changes by persons registered as sex offenders. The Judiciary. |
The Commonwealth of Massachusetts
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PETITION OF:
Pamela P. Resor
Jennifer L. Flanagan
Bruce E. Tarr
James E. Vallee
Anthony J. Verga
Michael F. Rush
Matthew C. Patrick
Brian A. Joyce
Kathi-Anne Reinstein
J. James Marzilli, Jr.
Stephen M. Brewer
Christine E. Canavan
Michael E. Festa
John D. Keenan
Scott P. Brown
Gale D. Candaras
Alice Hanlon Peisch
James E. Timilty
Susan C. Fargo
James B. Eldridge
Gloria L. Fox
Geraldo Alicea
Karen E. Spilka
Richard J. Ross
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 6 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 178E the following section:—
Section 178E ½ (a) A sex offender who is required to register pursuant to sections 178C to 178P, inclusive, and has registered with the board, shall notify the board within 7 days after a change of name. A sex offender who knowingly violates this provision shall be punished by imprisonment for not more than 1 year in the house of correction or by imprisonment in the state prison for not more than 5 years, or by a fine of not more than $1,000, or by both such fine and imprisonment. A violation of this subsection may be prosecuted in the Superior Court in the county or the District Court in the judicial district: wherein the sex offender currently resides, works or attends an institution of higher learning or other educational institution in the commonwealth, or wherein the sex offender is currently registered to work, reside or attend an institution of higher learning or other educational institution in the commonwealth, based on the sex offender’s latest registration data.
(b) The board, upon receipt of the sex offender’s name change notification, shall promptly transmit notice of the sex offender’s name registration change to: the police departments in the municipalities in the commonwealth wherein the sex offender is currently registered to reside, work or attend an institution of higher learning or other educational institution; the police departments in the municipalities in the commonwealth wherein the sex offender, as currently registered with the board, intends to reside, work, or plans to attend an institution of higher learning; and the police departments in the municipalities in the commonwealth wherein a sex offense was committed and to the Federal Bureau of Investigation.
(c) Except as required under subsection (b), the board may make notification of a sex offender’s name change to governmental departments, agencies, institutions and municipal police departments or the public, as authorized under Chapter 6, Section 178K to receive registration information. A municipal police department notified by the board of a sex offender’s name change pursuant to subsection (b), may make notification of such name change to individuals, organizations, governmental departments, agencies and institutions and municipal police departments or the public, as authorized under Chapter 6, Section 178K to receive registration information.
SECTION 2. Section 178E of Chapter 6 of the General Laws, as amended by sections 6-9 of chapter 140 of the acts of 2003, is hereby amended as follows:—
(1) Subsection (a) is amended by inserting, after the words “intended change of address within the commonwealth or another state”, the words: “and to give notice of change of name”;
(2) Subsection (b) is amended by inserting, after the words “intended change of address within the commonwealth or another state”, the words: “and to give notice of change of name”;
(3) Subsection (c) is amended by inserting, after the words “intended change of address within the commonwealth or another state”, the words: “and to give notice of change of name”.