The proposed bill aims to strengthen legal measures against the creation and possession of child sexual abuse visual materials in Massachusetts by introducing amendments to Chapter 272 of the General Laws. This legislation establishes specific penalties for individuals who, with lascivious intent, create such materials involving minors. These penalties include imprisonment for up to 10 years and fines ranging from $10,000 to $50,000. The bill outlines methods for verifying whether the depicted individual is a minor, which can involve personal or expert medical testimony, among other authorized means. It also expands existing legal definitions to introduce "child sexual abuse visual material," covering an extensive range of altered or fabricated depictions that falsely appear to represent minors. Additionally, the bill extends its provisions to penalize the knowing purchase or possession of these materials, as outlined in Section 29C of Chapter 272.

This bill introduces a system for the automated and expedited sealing of criminal records in Massachusetts. Under the bill, individuals no longer need to petition for the sealing of eligible criminal records after completing a designated waiting period. An automated mechanism will seal records within 30 days of eligibility, with waiting periods set at 3 years for misdemeanors and 7 years for felonies, provided there are no new offenses. However, certain firearm and government-related offenses are excluded from sealing, with exceptions for resisting arrest and decriminalized marijuana possession, which can be sealed upon request. For juvenile records, the bill introduces an automatic sealing process occurring 3 years post-offense or adjudication, absent any new offenses.

The bill directs the Commissioner of Probation and the Department of Criminal Justice Information Services to maintain records to include these release dates. The legislation also requires the commissioner to inform individuals at conviction or adjudication about the possibility of future record sealing.

The bill supports family caregivers, including a voucher program allowing claims of up to $1,500 for respite service expenses, subject to income qualifications. Additionally, a refundable tax credit of up to $1,500 is available for costs incurred in home modifications, equipment purchases, and caregiving services, also contingent upon income eligibility The bill also allows spouses to be compensated as caregivers under MassHealth, contingent federal approval. 

The bill also extends anti-discrimination protections to include individuals based on their status as family caregivers, ensuring they are not subject to discrimination in various contexts, and creates an advisory council on family caregiving, which will provide guidance to the state’s executive office and legislature on caregiving policies. 

This bill requires schools to limit student access to personal electronic devices during the school day. Exceptions are made for emergencies or educational needs. Schools must communicate these policies to parents and submit them to the Department of Elementary and Secondary Education for oversight and guidance. Schools must also educate students on the social, emotional, and physical risks of social media use.

Social media platforms must implement nearly foolproof age verification systems and establish default privacy-focused settings for minors, including permitting communication and content sharing only with established connections, disabling features like autoplay and continuous scrolling, and barring access during certain hours, such as nighttime and school hours. Platforms are also required to include mechanisms for flagging unwanted content and must issue health warnings related to social media use. 

This bill establishes guidelines for the use of personal electronic devices and social media within Massachusetts schools, requiring each school board or governing body to create and enforce a policy that mandates personal electronic devices be turned off, securely stored, and kept inaccessible to students during the school day and during school-related programs. The policy must include enforcement measures, while allowing students reasonable access to contact parents or caregivers through designated methods. Notably, exceptions are provided for students who require personal electronic devices for health purposes, as certified by a licensed physician, or when stipulated by an Individual Education Plan (IEP) or Section 504 Accommodations Plan.

In addition, the bill prohibits school districts, employees, and volunteers from using social media to communicate with students directly or indirectly. It also bars student access to social media or gaming apps during school hours or on school premises, mandating that school-issued devices block social media access unless it's necessary for educational tasks such as document sharing, email, or Internet research. Schools can still utilize social media for general community or parent-focused communications. Furthermore, the bill mandates that school districts annually collect and analyze data to assess the impact of the policy on various aspects of student welfare and academic experience, including behavior, mental health, discipline, attendance, and academic performance.

This bill proposes significant amendments to Massachusetts law governing the sealing of criminal and juvenile records. Key changes include:

1. Presumption of Innocence Statement: It modifies Section 172 of Chapter 6 to require that individuals or entities requesting criminal offender record information receive a written statement affirming the presumption of innocence for those with charges that are non-convicted or pending.

2. Juvenile Records: The bill revises Section 100B of Chapter 276, mandating automatic sealing of juvenile records for cases not resulting in adjudication, eliminating the need for petitions or requests unless the juvenile opposes. Juveniles who initially object to sealing can request it later.

3. Immediate Sealing for Non-Convictions: Under the revised Section 100C, records for cases not resulting in conviction will be sealed immediately without the need for a petition, unless the defendant opts out. The bill specifies that "conviction" involves a finding of guilt and does not include continuances without a finding. Importantly, no waiting periods apply for sealing these records.

4. Access to Sealed Records: Amendments to Section 100Q allow individuals and their legal representatives to access sealed records upon request, without requiring a court order or other legal steps. Additionally, it provisions for waiving copying fees for indigent individuals.

Overall, the bill facilitates more streamlined processes for sealing records, enhances the accessibility of sealed documents, and upholds the rights of individuals with non-convicted or pending charges.

The proposed bill introduces a new section to Chapter 71 of the General Laws, mandating a thorough screening process for prospective school employees to ensure they have had no involvement in child abuse or sexual misconduct. It requires that school districts and affiliated entities refrain from employing individuals for roles involving direct or regular contact with students until a complete disclosure of their past employment, specifically in positions related to children, is obtained. This process includes securing a written authorization for the release of information from current and former employers and a personal statement from the applicant regarding any previous investigations, disciplinary actions, or license revocations concerning abuse or misconduct.

Prospective employers are tasked with verifying the applicant's employment history, eligibility, certification status, and checking the Department of Children and Families' Central Registry for any abuse findings. Schools are permitted to hire applicants provisionally for up to 90 days while awaiting the completion of their review, provided specific conditions are met. The bill also bans any contractual agreements that might obstruct the reporting or investigation of abuse allegations, imposing penalties for intentional non-compliance. Employers who share information about former employees in good faith during this process are granted immunity.

The Office of the Attorney General is assigned to oversee compliance with the bill, with penalties outlined for any breaches. Moreover, the Department of Education is responsible for collecting and reporting data concerning abuse allegations and ensuring schools are informed about the bill's stipulations.

This bill targets the production, possession, and distribution of child sexual abuse visual material, imposing stringent penalties on offenders. Individuals who create such material with lascivious intent involving minors face imprisonment for up to 10 years or fines reaching $50,000. The bill clarifies how a minor’s age can be established, using various forms of testimony including that from the minor, those involved in producing the material, or expert medical analysis of the visuals. It defines "child sexual abuse visual material" comprehensively to include all types of media, such as digitally altered images that seem to depict minors. Furthermore, the bill strengthens existing laws by encompassing the purchase or possession of such material, thereby intensifying legal actions against child sexual exploitation and enhancing protections for minors.

The bill supports family caregivers, including a voucher program allowing claims of up to $1,500 for respite service expenses, subject to income qualifications. Additionally, a refundable tax credit of up to $1,500 is available for costs incurred in home modifications, equipment purchases, and caregiving services, also contingent upon income eligibility The bill also allows spouses to be compensated as caregivers under MassHealth, contingent federal approval. 

The bill also extends anti-discrimination protections to include individuals based on their status as family caregivers, ensuring they are not subject to discrimination in various contexts, and creates an advisory council on family caregiving, which will provide guidance to the state’s executive office and legislature on caregiving policies.