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BEACON HILL ROLL CALL
The Weston Town Crier - 12/8/2017
Note: The following are local senators' and representatives' votes on roll calls from the week of Oct. 23 to 27.
HANDICAPPED PARKING (H 3973)
House 152-0, approved legislation cracking down on the misuse of handicapped parking placards including increasing the period of license suspension for wrongful use or display of a placard from 30 to 60 days for a first offense and from 90 to 120 days for a second offense.
Another provision would prohibit the obstruction of the expiration date or placard number and subject an offender to a $50 fine. The measure also prohibits making a false statement on an application for a placard and imposes a fine of $500 for a first offense and $1,000 for subsequent offenses.
Supporters said it is time to crack down on these offenders who are taking spaces that should be used by a handicapped person. They noted a recent report by the Inspector General revealed widespread abuse of these placards. They noted that many placards still in use belonged to people who had died and said the placards can be used to park all day at most metered spaces, resulting in millions of dollars in lost meter fees to cities and towns.
The Senate has approved its own version of the bill and the House version now goes to the Senate for consideration.
(A "Yes" vote is for the bill.)
Rep. Carmine Gentile: 8 Yes
Rep. Alice Peisch: 8 Yes
PROTECT STATE AND LOCAL PUBLIC EMPLOYEES (H 3974)
House 151-0, approved a bill that provides all state and municipal workers with the same protections provided to private workers under the federal Occupational Safety and Health Act (OSHA).
Supporters said an average of 28 municipal workers per week suffer injuries serious enough to be out of work for five days or more. They noted this protection would cover some 450,000 state and local public workers who perform jobs that are sometimes just as dangerous as private sector ones.
The Senate has approved its own version of the bill and the House version now goes to the Senate for consideration. The main difference is that the Senate bill sets an effective date of September 1, 2018, while the House sets it at July 1, 2019.
(A "Yes" vote is for the bill.)
Rep. Carmine Gentile: 8 Yes
Rep. Alice Peisch: 8 Yes
CRIMINAL JUSTICE CHANGES (S 2185)
Senate 27-10, approved a bill making some major changes to the state's criminal justice system including repealing mandatory minimum sentences for low level drug offenders, reducing and eliminating some fees and fines, making changes to the bail system and the juvenile justice system, allowing for compassionate release of ill inmates, raising from 18 to 19 the age at which someone can be charged in adult court and making dangerousness hearings available in more cases and allowing longer detention of defendants on a dangerousness finding.
Supporters said the bill is a balanced one that updates many laws and repeals some arcane laws while still protecting the public. They argued that the bill is a big step toward ending the vicious cycles of incarceration and crime."
"This bill is about lifting people up instead of locking them up, while focusing attention on the most serious offenders," said its sponsor Sen. Will Brownsberger.
Assistant Majority Leader Cynthia Creem (D-Newton) said, "I am proud to say that this bill touches on every phase of the criminal justice system, from the front end of the system, including more diversion and expansion of addiction treatment opportunities, to the back end including sentencing, prison programing and solitary confinement reforms. This bill goes a long way to modernize our system in line with our principles of rehabilitation and reduced recidivism."
Opponents said that the bill goes too far and weakens the state's criminal justice laws in many ways.
"There are aspects of the bill which we believe hold out promise and which we embrace, but still feel that too many aspects of the bill throw it far out of balance." said nine of the state's eleven district attorneys in a letter. "This undermines the cause and pursuit of fair and equal justice for all, largely ignores the interests of victims of crime, and puts at risk the undeniable strides and unparalleled success of Massachusetts' approach to public safety and criminal justice for at least the last 25 years."
(A Yes" vote is for the bill. A "No" vote is against it.)
Sen. Michael Barrett: 8 Yes
Sen. Richard Ross: 8 No
FELONY THRESHOLD (S 2185)
Under current law, a person who commits theft under $250 is charged with a misdemeanor and above $250 with a felony which carries a stiffer sentence.
A section of the criminal justice bill debated last week proposed raising the $250 threshold to $1,500.
Senate 15-22, rejected an amendment that would decrease the proposed $1,500 threshold to $1,000.
Amendment supporters said that the hike from $250 to $1,500 is excessive and argued that $1,000 is a reasonable compromise. They said the hike to $1,500 would result in serious theft being categorized as a minor misdemeanor.
Amendment opponents said the $250 threshold has not been raised since it was established in 1987. They argued that the $1,500 threshold would put Massachusetts in line with other states in the area.
(A "Yes" vote is for the hike to $1,000. A "No" vote is for the hike to $1,500.)
Sen. Michael Barrett: 8 No
Sen. Richard Ross: 8 Yes
INCREASE FINES FOR DRUNK DRIVERS (S 2185)
Senate 14-23, rejected an amendment that would double fines imposed on any owner or of a vehicle who allows a person who has had his or her license revoked to drive the owner's car; or allows a person who has an ignition interlock restricted license to drive the owner's car without a device. The device is measure also increases the fine to $5,000 and adds an additional jail sentence for a person who violates these two laws and already has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program.
Amendment supporters said it is time to crack down and get tougher with both first-time and habitual drunk drivers.
Amendment opponents said the state already has very substantial penalties for drunk drivers and this amendment has not been fully vetted.
(A "Yes" vote is for the increased penalties. A "No" vote is against them.)
Sen. Michael Barrett: 8 No
Sen. Richard Ross: 8 Yes
1-YEAR MANDATORY SENTENCE FOR ASSAULTING A POLICE OFFICER (S 2185)
Senate approved 25-13 and then approved by a wider 31-6 margin, an amendment imposing a 1-year mandatory minimum sentence on anyone who commits assault and battery that causes serious injury on a police officer.
Amendment supporters said police officers are our first line of defense and risk their lives every day. They said anyone who causes serious injury to an officer should serve at least a mandatory year in jail.
Amendment opponents said they appreciate the work and sacrifices of police officers but generally hesitate to single out specific groups for special treatment because it is difficult to decide where to draw the line.
Both roll calls are listed. Some senators changed their vote on the second roll call. Senate President Stan Rosenberg explained that on the first roll call, some senators were unclear on what the amendment would do because of excessive chatting by senators and staff in the temporary chamber which to begin with has poor acoustics. The Senate has been holding its sessions in Gardner Auditorium while the regular Senate chamber is being renovated.
(A "Yes" vote is for the 1-year mandatory sentence. A "No" vote is against it.)
Sen. Michael Barrett: 8 No/ 8 Didn't Vote
Sen. Richard Ross: 8 Yes/Yes
CHARGE STUDENTS WITH ASSEMBLY DISRUPTION (S 2185)
Under current law, anyone who disrupts an assembly of people meeting for a legal purpose is subject to up to one month in prison and a $50 fine. A section of the criminal justice bill debated last week would exempt students from being charged or convicted of this type of violation if the alleged disruption is within the school building or at a school-sponsored event.
Senate 11-27, rejected an amendment that would eliminate the proposed student exemption and keep the current law in place.
Amendment supporters said current law has worked well. They argued that schools should have the flexibility whether to charge students or not.
Amendment opponents said the change is aimed at encouraging use of the criminal justice system for school discipline issues only if there is no other tool available. They noted that under current law students can still be charged with other more serious offenses.
(A "Yes" vote is for not exempting students. A "No" vote is for exempting students.)
Sen. Michael Barrett: 8 No
Sen. Richard Ross: 8 Yes
ADDITIONAL JAIL SENTENCE FOR DEALING DRUGS NEAR SCHOOL AND PLAYGROUNDS (S 2185)
Current law imposes a mandatory jail sentence on drug dealers who sell drugs within 300 feet of a public or private school or within 100 feet of a playground. The sentence is in addition to the sentence for selling the drugs. A section of the criminal justice bill debated last week proposed eliminating that current law.
Senate 15-23, rejected an amendment that would re-instate current law that establishes school and playground zones.
Amendment supporters said dealers often target school zones and playgrounds because they know that there are impressionable young people there who can easily get hooked on a dangerous drug. They said keeping the additional mandatory sentence will show that the state will remain tough on drug dealers.
Amendment opponents said the school and playground zone restriction is a defunct ineffective way of dealing with the drug problem. They noted that a review of each drug-dealing case in a handful of cities indicated that a not a single school zone case had anything to do with selling to children but was simply the place where a dealer was selling to an adult.
(A "Yes" vote is for creating school and playground zones. A "No" vote is against these zones.)
Sen. Michael Barrett: 8 No
Sen. Richard Ross: 8 Yes
The following are local senators' and representatives' votes on roll calls from the week of Oct. 30 to Nov. 3.
PARIS CLIMATE AGREEMENT (H 3994)
House 146-10, approved and sent to the Senate a bill that commits the Bay State to meeting the greenhouse gas emissions reduction goals in the international Paris Climate Agreement, from which President Donald Trump withdrew several months ago. The proposal makes Massachusetts a "non-party stakeholder" to the agreement and allows state officials to document their emissions reductions efforts via a new online data-gathering tool.
"As a millennial, there is no issue that will have a greater impact on my generation and my children's generation than climate change." said Rep. Dylan Fernandes (D-Falmouth), the bill's sponsor. "This legislation sends a message to the nation and the rest of the world that a handful of climate deniers in Washington D.C. do not speak for the people of Massachusetts."
"I voted against the principal of the Massachusetts Legislature engaging in foreign policy and international diplomatic accords, especially when in direct contradiction with federal government policy," said Rep. Joseph McKenna (R-Webster). "Furthermore, there is nothing at all preventing us as a state from achieving these high standards regardless of signing onto the Paris Accord. The argument that we cannot achieve low carbon output without tying ourselves to international policy against our own federal government's will is false."
(A "Yes" vote is for the bill. A "No" vote is against it.)
Rep. Carmine Gentile: 8 Yes
Rep. Alice Peisch: 8 Yes
PREVENT SEXUAL ASSAULT ON COLLEGE CAMPUSES (S 2191)
Senate 39-0, approved and sent to the House a bill that would require every college in the Bay State to adopt a policy on dating violence, domestic violence, sexual assault and stalking that must be made available to all applicants, students and employees.
The policy would include procedures by which students and employees can report these incidents; information on where to receive immediate emergency assistance following an incident; descriptions of the types of counseling and health, safety, academic and other support services available from the institution and the local community; interim protective measures reasonably available from the institution including options for changing academic, living, campus transportation or working arrangements; a summary of the procedures for resolving dating violence, domestic violence, sexual assault or stalking complaints; and mandatory annual training on sexual violence to new students and employees, including an explanation of consent and the role drugs and alcohol play in an individual's ability to consent.
"As a legislator, and as a father, I recognize that there is more we should be doing to help prevent incidents of sexual assault on our college campuses," said the bill's sponsor Sen. Michael Moore (D-Millbury). "Through improved training, transparency and enforcement of policies, this bill supports initiatives that work to ensure our postsecondary institutions are implementing systems students can trust. The bill also helps to fill the void created by the recent rollback of federal protections."
(A "Yes" vote is for the bill.)
Sen. Michael Barrett:Yes
Sen. Richard Ross:Yes
The following are local senators' and representatives' votes on roll calls from earlier November sessions.
PROHIBIT CONSIDERATION OF DETAINING ILLEGAL IMMIGRANTS (H 4011)
House 119-34, upheld the ruling of Acting House Speaker Patricia Haddad (D-Somerset) that prohibited consideration of an amendment that would authorize police officers, court officers and other law enforcement officers to detain a person under certain circumstances, at the request of Immigration and Customs Enforcement (ICE) on the grounds that there is probable cause that such person is a removable illegal alien.
This would apply only in those cases where an individual has already been arrested and is about to be released from custody or is deemed to pose a threat to public safety because he or she has engaged in terrorism or has been convicted of a serious crime such as a felony, human trafficking or drug trafficking. The amendment also restricts the amount of time an individual can be detained to no more than 12 hours.
The amendment was filed in response to a July decision by the state's highest court which ruled that state local law enforcement officials do not have the authority to detain a person based solely on a request from ICE.
Haddad ruled that the amendment is not properly before the House because it was not included in any earlier versions of the bill and introduction of this new subject-matter would expand upon the bill and violate House rules.
Supporters of the ruling said the ruling is appropriate and follows the rules of the House.
Opponents of the ruling said clearly the issue of arresting and holding illegal immigrants is related to a bill making changes in the criminal justice system.
(A "Yes" vote is for the ruling. A "No" vote is against it.)
Rep. Carmine Gentile: 8 Yes
Rep. Alice Peisch: 8 Yes
PROHIBIT MORE WIRETAPPING TO BE CONSIDERED (H 4011)
House 123-34, upheld the ruling by Acting House Speaker Paul Donato (D-Medford) that prohibited consideration of an amendment that would allow law enforcement to request the authority from the courts to use wiretapping in cases of murder, manslaughter, rape, human trafficking, drug trafficking, the manufacturing or distribution of drugs, weapons trafficking, witness intimidation and use or possession of explosives or chemical weapons. Current law, which has not changed since 1968, allows wiretapping to be used only when the crime is committed in connection with organized crime.
Donato ruled that the amendment is not properly before the House because it was not included in any earlier versions of the bill and introduction of this new subject-matter would expand upon the bill and violate House rules. "Such new subject-matter in the form of an amendment from the floor of the House and thereby by-passing the deliberative steps required under our rules for the passage of a bill," said the ruling. "That would violate the essence of the legislative process."
Supporters of the ruling said the ruling is right on target and follows the rules of the House.
Opponents of the ruling said the issue of using wiretaps to help convict criminals is related to a bill making changes in the criminal justice system.
(A "Yes" vote is for the ruling. A "No" vote is against it.)
Rep. Carmine Gentile: 8 Yes
Rep. Alice Peisch: 8 Yes
EXPUNGE JUVENILE RECORDS (H 4011)
A section of a proposed criminal justice bill would have allowed offenders who committed a crime before their 21st birthday to apply for expungement of certain records after 10 years for a felony or a misdemeanor if the individual has met all other qualifying criteria.
The House 127-26, approved an amendment that reduced that waiting period to seven years for a felony and three years for a misdemeanor.
Amendment supporters said research shows states with shorter expungement periods have reduced recidivism rates. They noted that the amendment will create earlier possibilities for these offenders to turn their lives around while still ensuring public safety. They argued that the amendment will reduce barriers to employment, housing and educational opportunities.
Amendment opponents said the reduction is excessive and argued that the original ten-year waiting period for both felonies and misdemeanors is fair to offenders and also in the best interest of public safety. They noted that allowing an offender who is convicted of breaking and entering and larceny under $1,000 to apply to have his or her record expunged after three years is too lenient.
(A "Yes" vote is for the reductions. A "No" vote is against the reductions.)
Rep. Carmine Gentile: 8 Yes
Rep. Alice Peisch: 8 Didn't Vote
CUT ENTIRE $60,000 FOR TEACHING FINANCIAL LITERACY (H 3800)
Senate 30-7, overrode Gov. Baker's veto of the entire $60,000 for a program that mentors and teaches financial literacy to low-income women.
(A "Yes" vote is for funding the $60,000. A "No" vote is against funding it.)
Sen. Michael Barrett: 8 Yes
Sen. Richard Ross: 8 No
CUT $122,274 FOR PRISONER'S LEGAL SERVICES (H 3800)
Senate 30-6, overrode a reduction of $122,274 (from $1,609,465 to $1,487,191) in funding for Prisoners' Legal Services, a program that provides legal representation for indigent and disadvantaged defendants.
(A "Yes" vote is for funding the $122,274. A "No" vote is against funding it.)
Sen. Michael Barrett: 8 Yes
Sen. Richard Ross: 8 No
Bob Katzen welcomes feedback at bob@beaconhillrollcall.com.