2021-07-27 00:00:00 - Joint Committee on the Judiciary
2021-07-27 00:00:00 - Joint Committee on the Judiciary
SHOW NON-ESSENTIAL DIALOGUE
District Attorney Ryan.
Good morning. Can you hear me30 now?
Thank you for doing this. Mhm.
Yeah, I think lots of this together, I think right. A lot when I testified on this together. Yeah, Yeah. Yeah. We had another incident in Cambridge on Sunday night, 21 shots. Two houses hit, wow. Yeah. You know east Cambridge? Very dense neighborhood, two houses in a car were hit.
Yeah. Yeah. I have to think the same thing occurs in um, in71 other cities like Lowell in Cambridge. Right, definitely does. I noticed there's a couple of similar bills, which I think reflects that.
Okay.
Okay. Okay. Oh. Mhm.
Yeah.
Oh. Mhm.
Boy. Yeah. Mhm. Good morning, everyone. How are you? Morning? We're doing pretty good. That's like one this country. Right. Good morning.
Good morning. Yeah. Yeah.
Yeah. Yeah. Yeah. Really? Mhm. Yes. Yeah, bearing in mind.
Yeah.
Mhm. Yeah.
Anyway. Mm hmm. Yeah. Mhm. Yeah.
Mhm. Okay.
Well, again? Mhm. Yeah. Mhm. Uh huh. Okay. Yeah. Mhm. Mhm. Yeah. Yeah.
Thank you.
Thank you. Mhm. Mhm. Yeah.
Okay.
Right. Yeah. Mhm. Take a look. Okay.
Yeah. Yeah. Mm. Yeah. Morning. MR Chairman.
Yeah. Good morning. How are you? Good thanks. Excellence.
Yes. Yeah. Start in just a couple of minutes.
Yeah.
Mhm. You're right.
Yeah. Mhm, mm.
Mhm.
Mhm.
Mhm. All right, Shane is, can you hear us?
Yes, sir. Great teams. If you want to start recording, that'd be great. We'll do
excellence or increase
well, good morning, everyone. I'm State Senator Jamie Eldredge, proud to service the Senate Chair of the Joint Committee on Judiciary, um, and also very proud to co chair with a set of mike day. So today's hearing is on the second category for for crimes of bills around creating penalties or300 changing penalties around crimes. We have a robust list of elected officials, including many legislators, um, as well as advocates and constituents and members of the public that are signed up to testify Uh would ask for each person is testifying to keep your remarks to three minutes and we will be keeping time on that. Um Good to see many members of the Joint Committee and judiciary here. I am just looking for see if there's any of the Senate members. I do341 not think the D. A. R. And wondering to Chairman Dave, do you want to recognize the House members of the Judiciary committee?
Terrific. Thanks very much. Chairman Eldridge. Uh I am represented Michael Day. Heard private coaching except here. I'd like to welcome the members of the house side of the committee, the Joint Committee on the Judiciary. And I'm trying to work teams to figure out how I do that. But I see Representative Brandy Fluker Oakley. Representative Chris Hendriks
um Bear with me for a moment, represented J Livingstone has joined.
Mhm. I get
the vice chair. Representative china Tyler
represented john santiago Representative adam Scanlon join
and with us is also general counsel. The committee Diana Williams. I believe I hit every member of the house committee, but if not, um somebody can jump in and let me know. Thanks. Yeah. Great. Thank you Mr chairman and so welcome to all the members of my staff. I have my chief of staff, Michael Carr, who's who's uh on the, on the teams. So great to see so many committee members and to all the committee members after each person who signed up to testify has testified. If you do have a question, if you could raise your hand virtually through the Microsoft teams and make sure you have a chance to ask any questions. We do have a long list of of legislators who wish to testify, including some with some uh fairly tight schedule. So I think we'll get going on the on the testimony and and I would just remind folks who aren't speaking just to stay on mute and then if if you do, if a committee member has a question, just raise your hand. Uh I'm just gonna break that rule right off the bat and apologize, represent Susanna, which has also joined us, apologize with. Thank you. Thanks for some he's chairman. Um so yes, so the first uh legislator we have signed up to testify is uh leader joe Wagner representative.
Okay,
absolute Wagner. Can you, can you hear us? I think I see your picture.
Yeah.
Yeah. So like, I don't know if you can hear us, but we can't we can't hear you.
Mhm.
Okay.
Yeah.
Mhm. Yeah.
Representative Wagner, can you, can you hear us? We can't hear you if you're557 testifying?
Yeah.
To another minute. Mhm.
Yeah. Mhm.
That's their wagon. Mhm.
Yeah.
Okay. Hopefully you come back to uh soon. Representative um So the next person we have signed up to testifies. Senator Ted Kennedy. Senator Kennedy.
[SEN KENNEDY:] [SB1064] Yes, thank you. Mr. Chairman the thank you for taking me out of order. Chairman Eldridge, Chairman Day Committee. I appreciate612 the consideration by the Joint committee of the Judiciary of Senate Bill 1064 an act prohibiting gunfire directed at dwelling houses and urge the committee to support the favorable passage of this legislation. Despite successful measures taken to curb gang activity at both the state and local level, occasional acts of gun violence continue in many of our neighborhoods across the commonwealth. In certain cases, ordinary citizens can find themselves in danger in the comfort of their own homes. For instance, according to the Lowell police department from 2015 to 2019, there were 79 incidents involving firearms discharged at homes in the city of Lowell.
While the issue of discharging firearms at homes weighs on the minds of residents across the commonwealth, particularly in our cities, Massachusetts law does not adequately prosecute those who have committed these crimes. Currently, someone who fires a firearm in a residential area can be prosecuted for a misdemeanor of discharging a firearm within 500 feet of a dwelling. This charge is disproportionate to the severity of any incident in which gunfire is directed at a home. Acts of this nature leave people living in a constant state of anxiety that innocent family members will be seriously injured or even killed in their homes.
As lawmakers, it is our duty to to equip law enforcement officials and prosecutors with the means to protect the communities we all serve. This bill creates a new felony charge for intentionally striking a home with gunfire, punishing those convicted for that crime with up to five years in prison. This is an important tool that will help public safety and law enforcement officials disrupt gang violence and protect our neighborhoods. I respectfully request that this bill receive a favorably favorable report. Thank you for your time and your consideration of this matter.
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Thank you very much. Senator Kennedy. I know you've been um an advocate for this bill since, since you first during the Senate. So I appreciate you being here. Um, if any of the committee members have any questions, if they want to raise their their hands, um not see any questions. So thank you very much. Senator Kennedy and we'll now move on to represent Roddy Mom. Representative Mom,
are you there arrested? Her mom
represent writing Mom.
Okay, we'll come back to represent a Mom on next person. Sign up his representative paul tucker. See represented tucker.
[REP TUCKER:] [HB1896] Good morning. MR. Chairman. Thank you Chairman Day as well and good morning to Captain Paul Zipper I see from Mass State Police an old colleague congratulations on your retirement. Mr. Chairman I'm here today on House 1896 and act to protect bank employees and their customers. I filed this at the request of Mass Bankers. It essentially has two parts to it. The first is to take a look and potentially strengthen the penalties for armed robbery of a bank robbery while masked and unarmed robbery. The second part has to do with jurisdictional issues involving uttering a forged instrument. This would allow law enforcement to have jurisdiction where the offense either occurred or where the payee bank main office is located. We know that uttering and similar type crimes can be a jurisdictional issue when they, when they occur by the same perpetrators across the commonwealth some issues between counties. Mass Bankers have flagged this as an issue and I asked for your consideration. Have a look at it. Thanks very much.845 SHOW NON-ESSENTIAL DIALOGUE
Great. Thank you very much representive tucker. Any committee members have questions? Yeah. Okay. Thank you very much for president Tucker.
I thought I did see Representative Wagner Wagner, can you hear us? Did you want to testify? I know you have some time constraints.
Yes. Mr Chairman can you hear me? Yes, yes, we can hear you now. Yeah. Okay
[REP WAGNER:] [HB1917] I apologize. I've been trying to get in here for about 20 minutes and low, frustrated but pleased to have the opportunity to appear before you today. My testimony will be brief. Um Chairman Day and Chairman Eldridge and to committee members. I appear before you today in support of House 1917. It's a bill I filed going back as far as 2014 and I'll give a brief overview just for Uh others who may be watching but may not be on the committee with the bill in summary before them. House 1917 would make it illegal for a first responder except in the performance of his or her official duties to take or share an image of a crime or accident victim without consent. And the background that has me filing the bill is that there have been a number of documented cases of first responders using personal cameras to take graphic pictures at the scenes of crimes or accidents. One such case occurred in my city and in my district.
It's a family that I know We're coming up on the 10-year anniversary of the death934 of a young woman was getting ready to go to work when she was viciously attacked and murdered by an ex boyfriend. And local police in responding Uh huh photos with cell phone cameras. Those photos, photos were later disseminated to other members of law enforcement um956 in the community and they were then shared beyond that. And it has caused a good deal of grief obviously for the family. It's a967 common sense kind of thing. I'm not aware that there's any opposition or if there is, and if I'm being candid about it, the opposition probably will not appear before this committee today testified with respect to their opposition. The measure that I propose has been enacted in a number of985 other states. Uh, most recently I believe California, but also in Connecticut and in New York and New Jersey.
So this is one of those things and I would I would add this that you're going to hear from Amanda Plasse's mother, Michele Mathieson, whom I know quite well. Uh She has grieved again and again and again and I know that this anniversary the 10th anniversary may be more difficult and any of the others. She is looking for closure and this would help provide that. It's a common sense measure. Uh, I hope that the committee will move expeditiously in their consideration of it. The bill moved in a matter of weeks back in 2014 and I think sort of a quiet behind the scenes Opposition has forwarded it since then, again, just just being candid and I'm happy to answer any questions that, that you may have about it.
I would add this sort of as a footnote to my in my testimony. The district Attorney at the time, having become aware of the photos, uh expressed grave concern. He talked about the indignity of the occurrence with respect to the family and uh some of the officers involved were less than truthful when an internal investigation was conducted and the district attorney felt that that compromised the ability of those officers involved to be credible witnesses in any proceeding where he would be serving as a prosecutor. So there are ramifications to this going out a bit. I thank you for your time. If you have any questions I'd be I'd be please to SHOW NON-ESSENTIAL DIALOGUE
answer.
Yeah. Mhm. Uh Duty in a very sad situation in your district.
See okay. Yeah,
thank you. The next time we have signed up to testify as alleged for elected officials is rested and mike. Connelly Connelly.
Mhm. Good morning. You hear me? Yes, we can terrific.
[REP CONNOLLY:] [HB1494] Well, good morning and thank you for taking me out of turn. I'm here to testify. This is an act establishing a task force to study equitable access to entheogenic plants. This is legislation I filed with the backing of many leaders here in the Cambridge and Somerville district that I represent as well as groups like Bay Staters for Natural Medicine and Decriminalize Nature Massachusetts. And what this bill seeks to do would be to create an inter agency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation and distribution of naturally cultivated entheogenic plants and fungi. And this House force would seek to bring together stakeholders from the scientific, the public safety, racial justice, harm reduction, indigenous social work, the relevant regulatory bodies and medical communities to make recommendations for the legalization and possession, consumption and distribution of entheogenic substances.
So really there's two main points behind this legislation. Uh First and foremost, um if you've seen some of the research and some of the news around the potential for entheogenic substances, we're hearing from the medical community, we're hearing from clinicians and resources that the potential benefits here simply can't be ignored. And there are these issues like PTSD and depression, anxiety and addiction that you on the committee know and we all know in society, we are struggling to address. And what the research is telling us is that these substances offer tremendous benefits. The second main point, and I know this is a topic, but the chairs and and all the members of the committee, the failed policies of the war on drugs.
Dismantling the war on drugs we know, um, years of racial injustice and years of oppression uh here1282 in our country. So, to drill down on these two points more specifically after for those who may be unfamiliar. I want to highlight the fact that in 2019 the FDA designated psilocybin as a breakthrough therapy. Uh This is an action that is meant to accelerate the process of drug research in the development and review. And I think with this task force it could really lead Massachusetts to play a leadership role in crafting policies around these substances to move through the research of the clinical processes. You know, does notwithstanding the positive effects once again of some of these substances have been invented by leading institutions such as Johns1332 Hopkins to treat depression and addiction and PTSD.
Um And then, you know, when we think about the war on drugs, you know, it's worth pointing out um and it's worth remembering that it was the Nixon administration in the 1970s1347 that classified entheogenic Schedule 1 substances um without any real scientific basis. And in fact, if you go back through the history, You'll find that many of these substances were actually successfully used in the 1950s and even the early 1960s in a clinical1364 setting. Um and then it was more to do with politics. It was more to do with systemic racism that led to this classification and this criminalization. And today, when you hear some of the professionals, some of the researchers talk about this, they really feel like we lost several decades of potential therapeutic benefit because1385 of these arbitrary political decisions.
And so with this task force, you know, there really is an opportunity for us in Massachusetts to bring policymakers to bring stakeholders together to make sure1400 that as this research advances, we can be ready with equitable policies so we don't repeat the mistakes of the past. So in closing, you know, I want to highlight the fact that both Cambridge and Somerville have passed local ordinances and orders to de-emphasize the enforcement of policies they have actually decriminalised entheogenic substances on the local level. It's my understanding that the community of North Hampton has done the same and there are additional efforts taking place.
And I think this is yet another reason why it should be a priority for all of us to bring stakeholders together and have that conversation about what policies should1449 look like uh moving forward in the future. So, um I hope, you know, as we move forward in the weeks and months ahead, I can work with the committee and all those interested can work with the committee uh to find a way to advance this concept in a positive fashion this session, appreciate the time and look forward to any questions.
[SEN ELDRIGE:] Great, thank you very much for Representative Connolly and uh my first question questions from myself is so what are entheogenic plants?
[CONNOLLY:] Uh Excellent question. And you know uh those are you know typically uh considered uh things and I'm not the best at pronouncing some of these words but certainly psilocybin, cacti uh ibogaine Um And there are several others. But these are plants and fungi that can have this therapeutic effect on individuals. And certainly um as we move forward with this we can we can provide you with a more specific definition. SHOW NON-ESSENTIAL DIALOGUE
Great. Well thank thank thank you very much.
Um Do you I'm Scanlon had a question on the committee said Scanlon. You still have your question?
No I think Brett Connolly just answered it. Thank you. Senator1543 Aldrich. Thank you. Mr. Chair great thank you Representative. Um Excellent and just1549 wanna for all those watching, just want to be clear that only committee members can ask questions of those who are testifying. Um So represent Connally, thank you very much for your testimony and I appreciate you finding this legislation. Um The next person we have testifying is represented, linda Dean Campbell Representative.
[REP CAMPBELL:] [HB1525] Good morning. Um Mr Chairman Chairman Day Chairman Eldridge thank you for the opportunity to be with you here this morning. Um I am here to testify on House 1525. An act specifying an electronic system to ensure that the sale of certain products containing uh pseudoephedrine PSE commonly used Um do not exceed limits established under federal law. So these are products um I think the one that easily comes to mind most recognizable would be something like a Benadryl. Um and um they are these products, there's a number of them, they're used um mm to uh on this and I'd like to first congratulate him on his retirement Um from the state police is Captain1632 Zipper who served as the chief clandestine lab enforcement team captain on this and he's uh retired after 34 years of service. So captain, thank you, thank you for your public service. But he's uh has a great deal of information to share with you on this as well. Um essentially, uh the problem is that people making meth in their homes uh is um, is the reason that1663 not all pharmacies are obligated to track the drugs purchased. SHOW NON-ESSENTIAL DIALOGUE
I didn't get that. Could you try again?
And if I could just make a note for anyone that is not testifying. So thank you.
I apologize. My computer is talking to me. Um It's all good.
[CAMPBELL:] The problem essentially is is that your major, your major pharmacies like CVS and Walgreens,1692 they all require a reporting under a federal system. Um The ones that1697 do not are are independent pharmacies, but uh my information tells me that there is a plethora of pharmacies in the commonwealth being established that are independent of our major pharmacies. And so federal law requires that these major pharmacies report this um in a very time sensitive manner. Um but they don't require that these pharmacies do as such. So this is basically an extension of a federal law to apply to these independent pharmacies and I think it would be1737 very helpful public policy as it relates to addiction and being able to track geographic areas where this may be occurring. So um again um thank you for the opportunity open to all and any questions.
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Apologize that my computer is talking to me for some reason to Siri. Yeah, thank you.
Thank you very much, much. Representative and I1765 understand Captain zipper will be testifying later. Um, so thank you so much. Are there any questions from the committee members? I don't see any hands raised. There's any questions from the committee members. Okay. Thank you very much. Thank you. Excellent. The next legislator we have signed up to buy as Representative Allyson. Sullivan office I live.
Mhm. You know, perhaps some Sullivan's here? Yeah. Mhm. Um Someone who also had a tight schedule and I don't know if he's on your Senator Gomez,
if you may come come a little bit later. Um, So next elected official we have signed up is Middlesex County District Attorney Marion Ryan, who I saw1819 earlier. District Attorney Ryan.
[MARIAN RYAN (MIDDLESEX COUNTY DISTRICT ATTORNEY):] [HB1803] [SB1064] [HB1752] [HB1512] [HB1494] Good morning Chairman Eldridge, Chairman Day. Thank you for the opportunity. I'm here to express support for four bills this morning. I will do that very quickly. The first and perhaps most critical is House Bill 1803 and Senate Bill 1064 which Senator Kennedy addressed. This is a bill which I first collaborated with Lowell officials to file in 2015. It is a bill that has only become more essential and I think the fact that there are a couple of similar bills on today's agenda as well reflects that this is becoming more of an issue across the state. To give you a sense of the kind of situations we are seeing 48 hours ago in Cambridge in East Cambridge, specifically a very densely populated neighborhood we had an1869 incident, we had where 21 shot were fired on the street at one1873 o'clock in the morning. Those 21 shots, Fortunately did not hit anybody, but they did strike two houses and a car.
The two houses that they struck one entered through the window where two small children were sleeping. The second went through an air conditioning unit into a living room where a woman was sleeping as well. The kind of fear that is created even of thinking these incidents are going to happen is really something that eats away at the fabric of a community. And given that people are using these guns for intimidation for an opportunity to strike back in revenge scenarios as they travel around and that we do not have a statute that appropriately allows us to charge for this conduct really is a gap that needs to be addressed. So I am asking for favorable consideration by the committee of those those bills.
In addition, I'm here to in support of1930 a bill we filed with Representative Livingstone, House Bill 1752. This bill does two very important things on the one end, it creates a new crime for some incidents that we are continuing to see and on the other end, it also gives prosecutors more flexibility in dealing with certain situations. The new crime that is created speaks to folks causing a fire or an explosion during the manufacture of drugs that may cause either personal injury or property damage. Again, to give an illustration, we have1966 had several cases where individuals are engaged in making butane honey oil. They are using makeshift double boilers. It is a very dangerous process and in many cases results in explosions If the substance is heated for too long.
It can cause very severe physical injuries and it can cause an enormous amount of property damage. Because the individuals obviously don't intend to cause a fire, which is1994 one of the elements of1995 the crimes we presently have. And also because the makeshift double boilers they use are not incendiary devices, we now have no way to charge that conduct. So this statute would address those situations. The other piece of this statute, which is really important and gives prosecutors an opportunity to deal with many people, particularly juveniles and young adults2018 in a different way is, as we all know, we have lots of situations where fires are set on school property. Many of these are things like fires being set in trash cans or waste baskets throughout the building. Right now, there is no way to address that conduct without a felony charge.
That is clearly not consistent where we are trying to go with keeping people from having that kind of impact with the criminal justice system. This statute would give prosecutors the ability to charge or a district court charge to have greater opportunity to use either a diversion or a restorative justice type of reparation for those offenses, so it addresses both ends of the crime. Thirdly, I'm asking for a favorable vote on House Bill 1512. This is um, the2067 statute which addresses organized retail crime. As people may know organized retail crime is when you have three or more individuals acting together to see it to steal or resell $2500 or more property over a six-month period. We are seeking similar to the explosion bill we are seeking the opportunity to have more flexibility with dealing with people who may be engaged in this conduct.
Right now the Superior Court is only jurisdiction and only permits a state prison punishment, and it treats everybody engaged in the enterprise in the same way. So you may have someone off in a younger person who plays a much more minor role in these thefts that we while we want to certainly hold people accountable for their conduct and be able to address that it is not really appropriate to be indicting those individuals and bringing them into the Superior Court. This would give prosecutors the opportunity to have a district court option and to make an assessment based upon people's conduct and their actual participation in the crime in charging them. And finally, I am also supporting House Bill 1494. Representative Connolly's bill with regard to the study on um entheogenic substances. And I'm happy to take any questions and I thank you for the opportunity to offer testimony. SHOW NON-ESSENTIAL DIALOGUE
Yeah, great, thank you very much. Just Attorney Ryan, appreciate your highlighting those bills and before I forget, I did want to just recognize2158 on the senate side for the Judiciary committee and I think they probably might be in and out of today's hearing is Senator Patrick O. Connor and senator john gillis have been in attendance. Um, if any members of the judiciary committee have questions, they can raise their hands. Do not see any uh members having their hands raised. So thank you so much for district attorney. Always good to see you appreciate it.
Um, okay for elected officials, just want to highlight, see if anyone has come back in either representative body balm Representative Allyson Sullivan or Senator Adam Gomez.
Okay, even they'll come back for the leader. We're now going to move on to those who have signed up to testify,2211 including some panels or individuals. So the first category, our first bill, we have some individuals testifying. The first bill is House 1917 filed by Representative Joe Wagner and Act relative to taking or transmitting images of crime victims by first responders. I'm rested. Swagger has testified in his bill already and I have listed Michele Matheson Amy lee plus and Michelle Cruise.
Mm
Are they here?
Michele Matheson
Michelle Cruises also here. Did you shut it off? Okay. Sure. I don't know which one to start.
I want to tell me my, my uh secret from you. Did
I would suggest. Okay Chris Matheson,
[MICHELLE MATHIESON (CONCERNED CITIZEN):] [HB1917] First of all, I want to make a quick um correction to Representative Wagner's statement and I appreciate him testifying for us today. It was not her boyfriend uh, it was just an acquaintance of hers the night that she was murdered. I want to thank you for considering once again House 1917. This will be the2301 fifth time that it has come up before you and the fourth time that I have testified. On August 26, 2011 my 20 year old daughter Amanda Plasse was brutally murdered. She was stabbed2311 several times, her throat slit, she was dead in the pool of blood on her kitchen floor. Two of the Chicopee Police Department officers, one being a sergeant assigned to secure the scene that night took images of Amanda with her personal phone. The first officer who arrived on scene stated that he was in awe over what he had seen.
Another officer who was not even on shift that night received text images from the sergeant who then proceeded to share those images off at a youth football game. He was quoted as saying, this is what I have to deal with at work. The officers involved received nothing but a slap on the wrist. They were ordered to, To work three extra shifts without pay. I could go on and on over how this has affected me. I can try and explain the pain I feel every time I have to testify and relive seeing those images. I can stand here and tell you about the knot2365 in my stomach Every time I see a Chicopee officer and wonder if they saw those images as well. The images, what these officers did was in violation of the Chicopee Police Department cellphone policies.
It just shocks me that what they did was morally wrong, ethically wrong, but not legally wrong. How many times has this2388 happened without us2389 even knowing or realizing it? I hope today that Massachusetts passes this law like our neighbor Connecticut has with Joshua's law, a common sense law that shouldn't be in place But then again, maybe it needs to be. In closing I just want to say Kobe Bryant. We all know who Kobe Bryant is. We all know how quickly California hopped on the bandwagon and passed their law. What makes Amanda Plasse any different? Because she was a 20 year old waitress from Chicopee. Why am I still fighting for this in 30 days? It'll be 10 years since Amanda was murdered And here we go yet2428 again. I'm still, I'm still trying to get this task. Can we, can we please do something? This shouldn't happen. This shouldn't happen. SHOW NON-ESSENTIAL DIALOGUE
Mhm. Miss mess. And thank you very much for your testimony extremely uh sorry about the murder of your daughter and appreciate your persistence and advocating for this bill. Um Are there any questions for committee members?
Okay.
Next person we have is amy lee plus
this plus.
Mhm. Mhm. Is a family place here? I'm right here and thank you. Okay. My sound this one. Sorry.
Okay, first. Thank you for your time. And the
Hi, you can hear me. Can you hear me? Yes, we can hear your2499 mom said you couldn't hear me and she doesn't know what she's talking about.
[AIMEELEE PLASEE (CONCERNED CITIZEN):] [HB1917] Um all right. Um in 30 days it will be 10 years since the murder of my little sister Amanda. I could sit here and give you a tearful message of all the things she missed. But I'm more upset than sad. It's taking 10 years too long to put some kind of consequence in place to help prevent another inconsiderate and insensitive release of a picture taken of a helpless victim. Letting Godere back on the force with a demotion from sergeant to patrolmen after being fired doesn't send the message that what happened wasn't and isn't okay. She needed these men to protect her by preserving the crime scene. Not having Rookey Deck snap a picture because he was in his own words. And off deck was2550 later in time promoted to detective.
The sharing of this photo, the lying during the investigation and the fact that no one who received this photo didn't come forward is really not okay. These men who all took an oath to protect and serve did neither for my sister. Amanda couldn't speak2571 for herself. I've seen pictures of the body examiner in court. I went there for my sister because my mother couldn't stomach the idea of witnessing her fatal wounds. Those pictures alone were enough to be burned into my mind for the rest of my life. I couldn't imagine her lifeless body laying on the kitchen floor that's completely covered in her blood. It takes a sick person2598 to want a picture like that to share a picture like that. And I do believe a person that a person like that isn't a good fit for any police department.
Amanda, is not the first incident to have this happen Robert Lee Carter of Warren Massachusetts died in his home June 19th 2005. Officer Chase was called to the scene and while waiting for detectives to arrive, took not only a picture2624 of Mr. Carter's deceased body but allegedly staged it with a Vietnamese symbol. The lawsuit filed by Mr. Carter's sister states that Chase allegedly made derogatory and demeaning statements about Mr. Carter's Korean heritage as well. Learning about this incident makes me believe that there are more incidents like this and I am not okay with that. No one should be okay with that. I never would have thought of a first responder, let alone a police officer would do a senseless act like this.
I feel naive to now think that Amanda's incident was an isolated one. Now knowing Mr. Carter didn't get the protection either makes me even more upset that him and Amanda did not get the professionalism or respect that they deserve from these officers. I encourage you to please pass this bill so no other victims and their families going through a tragic experience, have to be re victimized in learning their family member was violated in a way that should be unlawful. Thank you
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Figure
this. Plus thank you very much for your testimony2691 again on behalf of the entire committee. Express our great restaurants2696 are for the murder of your sister and we will pay close attention to this bill. Um, so thank you very much for your testimony and now I want to ask Michelle Cruise. She wants to testify. Miss Cruz.
[MICHELLE CRUZ (CT OFFICE OF VICTIM ADVOCATES):] [HB1917] Good morning. Good morning. I think I, I think you can hear me and see me. My name is Michelle Cruz. I'm an attorney both in Massachusetts and Connecticut. My experience with crime victims includes serving as prosecutor in Massachusetts for seven years And being the executive director of the Office of Victim Advocate in Connecticut for five years. During my five year tender tenure at Connecticut's Office of Victim Advocate we passed just as law to protect victims like Amanda Plasse. Raised House Bill 1917 will make it illegal for first responders who come to the scene to take pictures of victims and then disseminate them in the public and potentially in the Internet.
Halloween October Halloween 2006 Nikki Catsouras lost her life in a car accident. Images of her gruesome car scene were taken by one other responding police officers by a cell phone and were then forwarded to departments dispatcher. From those photos those photos have gone viral and are now available on the Internet. On March 30th 2009 the body is Kathleen Wimmer was found by her parents in2775 New York. She had been strangled and murdered. A first responder who was a medical technician came to that scene, took pictures of her and then2784 disseminated them as well. On July 17th 2010, a firefighter of the Spalding County Georgia Fire Department using a cellphone, took photos and videos of Dayna Schacht who was killed in a horrific car accident and shared those photos and videos with his colleagues and patrons at a bar.
Use images included 30 second video close up of the victim. Those videos ended up on YouTube and went viral And unfortunately we then have Amanda Plasse our own prime victim in our state of Massachusetts. Massachusetts has been on the forefront of victims rights for a long time. Passage of this bill will make sure that we continue to be so on August 26th, 2011 and Chicopee Mass during the investigation, two officers took photos of Amanda after she had been murdered on her cell phone. The gun disseminated those photos like baseball trading cards amongst their colleagues. Eventually on a field in West Westfield for for coaches to see. One can only imagine the horror that the family experience knowing that their loved ones, Images were being abused in such a horrific matter.
Amanda's family has fought for years to have this bill passed and live every day wondering if these photos2858 will show up somewhere on social media. Unfortunately, a few people who are um, sworn to protect and serve our, our communities need a law like this to stop them from taking part in these behaviors. These these incidents just depict the wide array of people who have2878 done this in their chosen profession unfortunately. It is only through passage of this bill 1917, a common sense legislative bill that this behavior will stop. I am willing and able to answer any questions you may have about this bill. SHOW NON-ESSENTIAL DIALOGUE
Great, thank you very much. Miss Cruz, appreciate your testimony, advocating for this bill. Um, that is the end of individuals testifying on this bill. Do any committee members if they have any questions that they could raise their their hands?
Okay. I did not see any raise hands. So thank you very much for your testimony, appreciate it. Mm um, we do. It's the custom of the committee to have legislators testify at a turn just to their schedules. And I do know that uh, committee member represent J Livingstone wanted to testify absolute Livingstone. Would you like to testify on your bill?
[REP LIVINGSTONE:] [HB1758] Uh, thank you. Chair Eldridge and members of the committee. I wanted to briefly testify on House 1758, which repeals unconstitutional archaic laws. I was very surprised to learn that consensual sex between adults, uh, not saying a prayer in school, swearing in the name of God or the holy scriptures all resulted and could result in criminal penalties if you read Massachusetts laws. So I filed the bill with 10 of the most egregious examples of unconstitutional laws that are on our books and proposed to repeal them. This, um, has received a favorable report in the past from the Judiciary Committee and I hope it does again. Um, and looking forward to working with you, um, either adding other egregious examples I missed or modifying2989 these if you think they're inappropriate. But thanks for consideration. Thanks for fitting me in.
SHOW NON-ESSENTIAL DIALOGUE
Great. Thank you very much represented. But I know we have panel um coming up fairly soon on the legislation. Are there any questions from other committee members for Representative Livingstone? Uh do not see any questions. Um do you just want to recognize represent Collen Garry member of the committee is here. So represent Garry. Thank you for for being here. And the next person we have signed up on a different bill is a Senate 1016 by senator DiZoglio An act relative the conviction of Elizabeth Johnson jr during the Salem Witch trials of 1692. And the person we have sina test uh is mary use rotary here.
Mhm. Yes, I'm here. Great. Hi, how are you? Fine. And technically uh technically problems, but yes, I'm here. We can we can hear you loud and clear. Yeah. Good. Yeah, please go ahead. Oh, it's my turn forget. Okay, thank you. I was expecting this happened maybe 2:00 in hat.
[MARILYNNE ROACH (CONCERNED CITIZEN):] [SB1016] Thank you. Well, thanks for everyone who's been working for Elizabeth. Well, it should be on. Over 128 years ago in January 1693, at the tag end of the Salem witch trials, Elizabeth Johnson Jr of Andover was found guilty of covenanting with the devil to become a detestable witch As they said on what the court did admit was insufficient evidence. Because the panic was ending she was lucky to be reprieved along with 11 others in the same situation. Those who escaped hanging, but who still had the verdict looming over. During the next 20 years, individuals and families petitioned the government to clear the names and reputations of those found guilty of witchcraft, those put to death and those who survived. Elizabeth's brother petitioned for her in 1710. But even so, the 1711 acts reversing the attainder omitted her name. I began researching and writing about Salem Witch Trials 1975. And I too am guilty of overlooking Elizabeth.
20 years ago when five of the other condemned women had their names cleared by acting Governor Jane3150 Swift 2001, I thought everyone had been exonerated and happily said so repeatedly. But Elizabeth Johnson was not among the final five. But Elizabeth can speak for herself, addressing a petition to the reparation committee sitting in Salem, she said, whereas the Honorable General Court has lately made an act taking off the attainder of those3175 who are condemned for witchcraft I thought fit to inform your honest that I was condemned by the court, as will appear by the record trial report. But my name is not inserted in the act. Being very desirous of the favor of that act and bold humbly to pray your honors to represent my case at the General Court next session that my name may be inserted in the act. And she dated this February 1712. Well that was 309 years ago and she hasn't received an answer Yet. So3210 I humbly ask your honors. Please grant her please and help clear the name of Elizabeth Johnson, Jr with S 1016 Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much this roach. Um and obviously given the history of the Salem witch trials, so important to3230 make sure there's a continued to be a focus if there are still injustices related to that. So thank you very much for your testimony. Are there questions from the committee members? I did not see any questions. Thank you very much for testifying. Glad we could hear your early. The Mhm. Um so the next panel we have on how 1758 by Representative J. Livingstone who we just testified on his bill and act relative to the reform of un constitute unconstitutional archaic laws. And we have two panelists. The first person is Arlene Isaacson from the massachusetts gay and lesbian political caucus Missile. It's simple.
Okay, thank you Mr chair uh for the record action. You can3279 hear me
[ARLINE ISAACSON] [HB1758] uh for the record. My name is Arlene Isaacson and I'm3284 testifying today in my capacity as the co-chair of the Mass Gay and Lesbian Political Caucus, recently renamed the Massachusetts LGBTQ Political Caucus. Uh we're in support of Representative Livingstone's bill to repeal a number of archaic laws, House 1758. And specifically,3299 we're interested in the parts that repeal laws which are colloquially known as anti sodomy laws. When they gave the name to Chapter3310 272 they called it the crimes against chastity, morality, decency and good order. It's clear that they forgot to check with their LGBTQ neighbors before they came up with that name. Now, over time, some good and useful sections were of course, added to 272 we're not addressing any of those. But unfortunately, the Legislature hasn't yet gotten around to eliminating several of the inappropriate and as Representative Livingstone said, unconstitutional sections of that law.
Including the dictate that kind of certain kinds of sexual intimacy between consenting adults in non commercial relationships can participate in. And some of those legal prohibitions are deeply offensive to many in the LGBTQ community. Of course, the original intent of this some of this3359 language was very specifically to segregate out and condemn LGBTQ people by calling our forms of intimacy unnatural or lewd or lascivious . And it was also intended to create the pretense that straight people didn't practice the various same behaviors. Of course, this became the basis to justify arresting us and jailing LGBTQs for decades or centuries. We appreciate that several sections of the archaic sex laws were repealed in 2018. I was proud to work with the ACLU then and other organizations two lobby that part of what we call the NASTY Woman bill.
And I thank the3397 members of this committee who voted and supported that measure. But unfortunately there are still several offensive and unconstitutional prohibitions that remain on the books. So we ask that you welcome Chapters 272 into the 21st century by cleansing3410 it of these remaining unconstitutional and archaic sex laws. And then I will close on this note, I'll remove my gay hat and put on my sports fan hat and encourage you to repeal the section prohibiting blasphemy because if passionate sports fans at Fenway Park in Gillette Stadium3428 thought it was illegal to use swear words, especially when out of town teams are playing here. I fear it3436 would be very bad for attendance at those games and therefore bad for our economy.3440 So I thank you for your time and your attention.
SHOW NON-ESSENTIAL DIALOGUE
Thank you so much. I really appreciate it. Um, we now have the next person on the panel is Tanya ness clothesline from massequality.
Tanya,
[TANYA NESLUSAN (MASSEQUALITY):] [HB1758] Thank you very much Mr Chair. I'm for the record. My name is Tanya Neslusan. I am here on behalf of MassEquality today to testify in support of House 1758. Sodomy laws were not only um deemed unconstitutional, um under state law, but also under federal law, back in 2003 under Lawrence v Texas. Sections 6 and 7 of H 1758 strike the existing statutes from the general laws and reaffirm our commitment to being not only in law of the, not only in line with the law of the land, um and the constitutions of both our state and federal governments, but also reaffirm our support to the LGBTQ community.
These laws existed on the books for no other reason than to persecute um primarily gay men, um and they have3521 no place on the books in Massachusetts. The remaining sections of the proposed legislation are similarly outdated, unconstitutional and are unenforceable. Referencing such things as communism, blasphemy, and the definition of and criminalization of tramps, vagabonds and vagrants. I urge this committee to move3542 this bill out as quickly as possible so that we can clean up the outdated legislation and move forward with new legislation. Thank you very much for your time and attention in this matter. SHOW NON-ESSENTIAL DIALOGUE
Great, thank you so much business loosen. I appreciate your testimony. Are there any questions from the committee members for either Arlene or Tanya?
Okay, thank you very much for your testimony. Um as the Senate chair, I'm going to actually leave briefly to testify on a bill, another committee. So I'm going to hand3579 on hand the reins over to Chairman Day um to go through uh begin to go through the rest of the list and I'll be back hopefully shortly. Thank you very much. Chairman Day for taking this on briefly.
Mhm. Have to step in and help. Uh Thanks Chairman Eldridge, I will move on to testimony relating to s 1050 H 1903. An act relative to the composition of the victim and witness assistance board and ask liam Lonnie from uh nova to step forward virtually for testimony liam.
Good morning, Chairman Day and uh Chairman Eldridge, you can hear me also. All right, yep, great.
[LIAM LOWNEY (VWA):] [HB1093] [SB1050] Um Thanks so much for hearing me today and on behalf of the Victim and Witness Assistance Board and the Mass Office of Victim Assistance we are here to express our support for House 1903 and 1050. An act relative to the composition of the victim witness assistance board. Just by way of background As you know, MOVA is an independent state agency. We strive to advance victim rights by ensuring all victims and survivors3647 of crime in the commonwealth are supported and empowered through access to high quality services that are trauma informed, culturally responsive and reflective of our diverse communities. We achieve this through survivor informed work, advocacy for enhanced victim rights and services, partnerships with amazing agencies and a commitment to providing funding and services for underserved and marginalized communities.
And MOVA is governed by the Victim Witness Assistance Board that's chaired by our attorney general by statute. And our current membership includes3678 two district attorneys and to public members, one of which is a survivor of crime. So the board endorsed this legislation this season because it promotes diversity equity and inclusion within MOVA's Internal governances and creates an additional engagement opportunity for survivors of crime. It adds two additional public board members3696 to the victim witness assistance board um as established in our Mass General Law 250B. The new members must be survivors of crime and at least one of them must represent an underserved community underserved, being identified as communities disproportionately impacted by high rates of violence and crime and populations underserved due to racial and ethnic identity.
The bill also says3720 the appointment3721 of the public members that are done by the governor would be chosen from a list that is recommended by MOVA. This historically has been the practice that we have some communication with the governor's office in advance board membership because we know survivors who may or may not be interested in serving. So this comes chairman from our strategic plan uh and since January 2021, we've been implementing that plan, which marks an intentional shift to a more proactive and whole systems approach to3752 advancing rights and meeting the needs of victims and survivors. And our plan outlines a priority to increase diversity and representation and inclusion and decision making for survivors throughout the field, but also within our own agency and our board. Frankly, we need to live up to the goals were asking others to pursue.
Um, it it our board is uh, made3773 up of some amazing um, individuals as I've already mentioned, but it needs to be noted that our board is entirely white. Um, and as a five member board, our ability to um really reflect the amazing, diverse, rich cultures, um, and um, communities in our state um, we just saw this opportunity as necessary to um, to grow the board, um, and name um, the need to be more representative. We know that black indigenous and people of color communities are amongst those most disproportionately impacted by violence In Massachusetts. In FY 20 are funded programs served over 12 thousands of victims of crime identifying as bipoc. We know that black females experience intimate partner violence at a rate 35% higher than that of white females and about 2.5 times the rate of women of color of other races.
Um, the homicide rate for black Americans in all 50 states is on average eight times higher than that of whites. So as a result, we're committed to providing funding services and access for underserved and marginalized victim and service populations and communities. And to do that, we really need a structure that elevates the voices of marginalized survivors in bipoc communities to inform what culturally specific victim needs are and how3854 we can effectively address and support them. Participation on this board by persons of color provides a unique opportunity to have a meaningful influence under the work that we do and to the work that we do and the decision making processes through our funding. Decisions are training decisions and our services. So with that, I would ask3873 you to support this3874 legislation. The board that we have as a, as a national model and unique across the United States being survivor lead. We're looking to really lean into that and build upon that and we'd ask you to support us and and support this legislation. With that, I'll take any questions you may have.
SHOW NON-ESSENTIAL DIALOGUE
Terrific.
Thanks liam. Uh, thanks for the work you do and what mobile does as well. That's an essential part of our criminal justice system. So I appreciate that. And the foresight and proactive move here. Let me see if any committee members have any questions.
Uh, seeing none. Thanks again. We look forward to working with you on this piece of legislation. You too. Thank you chairman very much. All right. Let's move on to h 1896 filed by represented tucker and act protecting bank employees and customers. And also, sorry.3931 S 1130 companion piece filed by Senator Rush. And I'd ask Katherine Butler from the massachusetts credit unions to uh, come forward to testify
just confirming that you can hear me chairman Day. We've got you. Great, Thank you.
[KATHERINE BUTLER (CCUA):] [SB1130] [HB1896] So. Good morning. Chairman Eldridge and Day. Vice Chairman Lesser and Tyler. And members of the committee. My name is Katherine Butler. I serve as the vice president of advocacy for the Cooperative Credit Union Association. We serve the 160 state and federal credit unions in the commonwealth. One in three of the Commonwealth's consumers are credit union members and Massachusetts Credit unions contribute to the local economy by employing over 7500 full and part time employees. As not for profit cooperatives Credit unions deliver $217 million in member benefits annually, which include higher yields on savings, lower fees, lower loan rates and savings to non members. Uh, Massachusetts Credit Union support Senate 1130 House 1896 legislation which modernizes and standardizes state robbery statutes, penalty systems and jurisdictional issues.
As Representative Tucker formerly eloquently stated. More specifically, these measures amend and modernize the statutory definitions of armed robbery and bank robbery and specifically include a direct criminal sanction for such crimes against financial institutions. The language creates a tiered penalty system for first and subsequent infractions against financial institutions. It also updates the definition of a larceny to include forged checks and orders for the payment of money from depository institutions. Finally, it updates the definition of fraudulent checks to allow for greater flexibility for action to be taken against the perpetrator, either where the4038 crime was committed or where the main office of the depository institution is located.
We have filed a written statement with the committee and seek to use our time very briefly today to further amplify that support. Robbery is a serious criminal offense that does not only involve the theft of something but also violence or the threat of violence. Amongst the many security risks a credit union faces robbery is one of the few that also carries the potential for personal injury and employee trauma. There's no question that the nation has seen an upward trend in one particular type of robbery and that is active shooter situations. Credit4075 unions as their communities local financial institutions are not immune to such instances. While such instances share similarities to the traditional note passing approach to robbery, they also carry4087 heightened risk due to the existence of a weapon, a quicker and shorter timeframe from start to finish and often the intention of the perpetrator to injure and or kill individuals in the process.
Additionally, a new and growing trend across the country is known as smash and grabs of ATM machines. This is the situation where a truck is used to steal the cassettes inside the machines. As the incidences of such tragic, since situations continue to trend upwards, credit unions are ensuring that they are trained to prevent and handle such situations. However, credit unions are not optimistic that the current state statutory structure for robbery penalties will sufficiently address these recent trends. Therefore, the importance of Senate 1130 and House 1896 and the need for modernized robbery and larceny definitions4135 directly tied to attempts against financial institutions including direct criminal sanctions for such crimes and tiered penalties for more aggressive or repeat behavior cannot be overstated. Again we have filed a written statement and we remain available to assist the committee and its deliberations on this issue. On behalf of Massachusetts Credit Unions Thanks for your time and I welcome any questions. SHOW NON-ESSENTIAL DIALOGUE
Thanks very much, Miss Butler. Any questions from members of the committee?
Alright, seeing none. Thanks again for the testimony. And we look forward to working with the rep tucker on this as the bill progresses. Thank you. Mm Let's move on to H 1755 filed by represented Livingstone and Act4184 to protect against deep fakes used to facilitate criminal or tortious conduct. And we would ask Nick Gats, uh, to come forward for testimony.
Yes. Thank you. Just to confirm, you can you can hear me okay, great.
[NICK GATZ (ADOBE):] [HB1755] Uh, well, thank you. Thank you. Chairman Eldridge and Chairman Day and members of the committee. My name is Nick Katz and thank you for the opportunity to testify before the committee today on House 1755 and the important issue of deep fakes. Adobe stands neutral on this bill and offers our subject matter expertise to the Legislature on the topic of content manipulation and online disinformation. Adobe is the global leader in digital marketing and digital media solutions. Um since our founding, we have pushed the boundaries of creativity with our products and services that allow customers to deploy, create and optimize their digital content. Among our most recognizable products are those that make up the creative cloud.
So products such as Adobe, Photoshop Light Room and Premier. These allow people to create and edit, inspiring, create and edit, inspiring innovative videos, images and photos and all types of digital content. We're also a proud employer in the Commonwealth of Massachusetts, with over 200 employees across the Commonwealth and an office in Newton. Um you know, our we welcome the efforts to counter disinformation and manipulative content while preserving freedom of expression and speech. With the increasing volume of velocity of digital content creation it is critical to ensure transparency, understanding and ultimately trust in what we're consuming online. We believe that the most important and effective4284 long term solution to fighting online disinformation and manipulative content is providing attribution or provenance data on the content we consume.
Uh to achieve this, we created the Content Authenticity Initiative or the CAI uh to bring together technology in media companies to work toward the content provenance standard and to educate the public on the content. Since 2019, the CAI has been building a broad community of stakeholders, unified in pursuing standards scalable approach to digital content provenance. Uh and then in 2021, just this year, we became the founding member of what's called the Coalition for Content Provenance and Authenticity, which focuses specifically on the technical standards for content provenance. The Senate allows creators the option to providing tamper evidence data that shows how a piece of content was produced, edited and4337 then published. Content provenance data will help consumers better understand that the con the content they're viewing online and ultimately give them greater confidence in evaluating its authenticity.
4349 Um4349 you know, for example, in the same way that you would open up a book, see the author, see where and when it was published, how4357 many times it was4358 edited, we're making that kind of information available for digital content as an indication of whether an image is authentic. Uh in an increasingly4365 complex world where deep fakes, fake news and disinformation are par for the course. Uh you know, we believe these safeguards safeguards have never been more crucial. Um so we applaud the Legislature for beginning to address this issue of information disinformation and manipulated content. We believe there's a role for government to partner with the private sector when it comes to educating consumers on the existence of deep fakes so that people have the information resources and tools that they have to effectively evaluate digital media. So we thank you the opportunity for the opportunity today to offer testimony and welcome any questions and welcome any future opportunity to provide recommendations or expertise to the Legislature on this issue.
[REP DAY:] Thanks Mr. Gatz. Um I recognize the bill as filed would relate to our criminal statutes for use in the commission of the Criminal Act. I'm just curious. I've seen a deep fake video involving one of our colleagues and uh dirty dancing, which was both horrifying and amusing at the same time, but who's got the provenance on? Is this a federal issue on the overarching regulations of of what would be looking at here?
[GATZ:] Um So uh Chairman Day, uh you know, we see it as more that this is a our solution would be more of an avenue for good actors to provide an avenue for them to be trusted. So, you know, photojournalist could capture this metadata and the photos or whatever that they capture. You, as the consumer would be able to see, Okay, this is what the photo looked like to capture. This is how it was edited before it got published. And then you can4466 make that decision than if that's something that you want to trust. And certainly, you know, we think the the state legislatures have an important role to play at the same4474 time. And my uh our federal colleagues are also looking at this issue too, as well as a lot of um you know, other implications to it. But you know, this is more of, you know, just us as a provider of these software tools, proactively looking to address this issue um baked into our tools along with other partners.
[DAY:] Thank you I recognize we've certainly got our own interests on the criminal side of things. Uh but on the largest scale picture, I think it might be more up to the federal government to step in here and work to get something done here. Let me recognize, represented Livingstone.
[LIVINGSTONE:] Uh Thank you Mr. Gatz for coming and testifying and we are really recognizing the significant issue that exists with respect to Deep fakes. I just wanted to say I would love to a separate occasion, have a more in depth discussion with you about these possibilities. Um agree with Chair Day that there's4532 definitely a place in the federal government um with uh structural inability of the federal government to pass legislation right now. Um if there's ways for the state to get involved, I think we should also take that chance. And so um if you can reach out to my office, I would really appreciate that and have a more in depth discussion with you. Thank you.
[GATZ:] Representative Livingstone I will be happy to follow up with your office. SHOW NON-ESSENTIAL DIALOGUE
Uh Terrific. Representative Scanlon.
[REP SCANLON:] Hey Mr. Chair uh Hey Rep Livingstone. I was just curious how you came up with What you filed for the sentence being of a fine of not more than $5,000 and the imprisonment sentence. I was just wondering where you got your, what made you file that.
4584 [LIVINGSTONE:]4584 So4584 I'd be happy to have a discussion. Maybe it's more appropriate Offline Chair Scanlon on how to answer that. I think Mr. Gatz is testifying now. If you have a question for him. SHOW NON-ESSENTIAL DIALOGUE
I'm sorry. Uh, if4600 you limit your questions to the individuals who are testifying at the at the time, that would be terrific. Okay, thank you. I'm all set.
Great. Thank you. Mr Katz. Thank you. Uh let me recognize uh representative Ratty Mom for testimony. Welcome Representative Mom.
[REP MOM:] [HB1803] Mr. Chairman. Thank you. And through you to the committee member, I rise in support of house 1803. Mr. Chairman. Um I was a freshman Rep in 2015 and I filed this and uh at that particular time there was a shooting at a dwelling home. And we talk about drive by here and just as of yesterday, there was a shooting took place in my hometown again. Now when I filed this bill in my first term, we passed through the House unanimously. It went to the Senate. Unfortunately during that time there was a hiccup, the assault weapon ban and all that. And somehow my bill got thrown into this as well. So needless to say, here we are in 2021 we're back at this discussion again. And what I believe is that the law has to fit the crime In the book right now. It's basically three months Or $50 to $100 fine for shooting at a dwelling home.
Well in 2021 we have tight net home, not just in Lowell, but I believe all over the Massachusetts as well as outside. So I'm here to ask the committee to please move this along so we can have a tool that is in the bay to better serve our community in terms of the gun violence that is taking place in our community. And again, I thank4725 you for your time to allow me to speak. I'm sorry for the ability to get on. This technology I was trying, but it was really difficult for me this morning. Thank you. Chairman Day. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much. Resent her mom. I share your troubles with technology. So no worries on that end. Uh, any members of the committee who wish to uh, speak here seeing none represent mom. Thanks very much for coming forward and offering4752 your thoughts on this bill, appreciate it.
Uh, let me recognize Senator Adam Gomez welcome into the committee and ask him to come forward to4762 testify. Senator.
[SEN GOMEZ:] [SB1050] [HB1903] Thank you, Chairs. I wanted to provide testimony today on a piece of legislation that4768 I have filed this session S 1050 an act relative to the composition of4773 the victim and witness assistance board. Uh, it's companion bill is House H 1903 was filed by Representative Tyler. This legislation aims to improve diversity equity and inclusion in the Massachusetts Office for Victim Assistance, internal governance by adding to public board seats4793 to the Victim and Witness Assistance Board. These uh, two additional seats would be chosen from a list provided to the governor by MOVA and would be survivors of crime with at least one board seat given to survivors who represented an underserved community. Uh, these additional seats would be used to elevate voices of marginalized survivors who deserve multicultural representation from someone who has lived experience.
Uh, elevating the voices of bipoc communities would allow the MOVA board to reach communities of color that are disproportionately impacted in violence In Massachusetts with higher rates of victimization. Um, I will be submitting the rest of my testimony via written letter to the committee and I thank all of you for your consideration of this testimony. Um thank you for your consideration and uh much obliged thank you for taking me out of order Mr. Chair, out of order Mr. Chair, SHOW NON-ESSENTIAL DIALOGUE
thank you Senator. Uh and we just heard from Mr Lonnie as well. So appreciate you all coming forward to advocate for this legislation. Uh, seeing no questions again. Thanks senator, appreciate you coming forward. We will move on now to testimony on S 1064 H 1803 which we just heard from Representative Mom on and I would ask Sakari chow to come forward for testimony.
Okay?
[SOKHARY CHAU (CITY OF LOWELL):] [SB1064] [HB1803] Thank you. Chairman Eldrige And thank you to Chairman Day and members of the committee for the opportunity to come before you and testify in favor of these two important pieces of legislation. S 1064 and H 1803. My name is Sokhary Chau I'm an elected member4904 of the city council in Lowell Massachusetts. I am also a chair of the Public Safety which was subsequently voted unanimously in the city of Lowell on record in favor of this legislation. A copy of the support was transmitted to Senator and Representative Rady Mom, Representative Golden, and Representative Howard. I want to thank them for filing this legislation. And also I would like to thank District Attorney Marian Ryan for her solid support and for testifying with us here today.
With your permission Mr. Chairman, I will submit a copy of the official vote by the Lowell City council to the committee. This legislation is very important to gateway cities such as are equally important to the other in the commonwealth and all municipalities who experience random street violence and the encouragement of gun violence and shootings within their neighborhoods. Sadly Lowell has experienced too much of this type of violence. However, as the present law stands, the police, the district attorney and the judges all are severely limited because the penalties are so minimum. I have experienced shootings in my neighborhood Spraying bullets. The weapons used are not simple handguns.
But at times some shootings are planned gang violence. Some are because of drug violence and some are random violence initiated by feuding individuals. Just two days ago in my city, another shooting took place. Stray shots entered an innocent owner's dwelling and unfortunately the target of the shooting needed to5030 be airlifted to a Boston hospital for emergency care. Luckily in this instance, the home owner and their family were uninjured. Increasing the penalties for such shootings are justified and needed action until the penalties carry5046 the weight of law in both who raised funds and highest sentencing for incarceration this violence will continue. It is the right of every home owner and renter in my city to rightfully expect safety from violence and gunfire within the confines of their own premises. Mr. Chairman, on behalf of myself, the Lowell City Council and the citizens of my community, I respectfully request a5079 positive vote on S 1064 and H 1803 to advance the legislation. Thank you so much for your time. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Councilor chow very much. Um you're free to either send that directly to the committee and I'd ask if you do so to send it to counsel Diana Williams. That's D I A N N A dot Williams at my House dot gov. Or certainly your lower legislative delegation can make sure that gets to us as well, whichever you prefer, but we appreciate you coming forward. Thank you so much.
Thank you. Uh and I am happy to welcome back Chairman Eldridge who will resume gavel duty and5133 Cherry Aldridge, we had just closed off Testimony on H 1803 s 164 And are now moving on to 1570.
Great! Thank you so much. Chairman Day, I really appreciate death. Um proud that I maneuvered going from one virtual meeting to the next and testified. Um so yes, so the uh per chairman day, there are next bill for someone to testify is a house5160 1570 filed by Representative Frost and Act relative to noise reduction devices. And we have knocks Williams and support from the American Suppressor Association
box here
Knox Williams?
Yes. Mhm. Mhm.
Okay, one last call knocks Williams.
Okay.
Okay. Um the next bill, we had someone signed up for Jim Wallis is Senate 942 and House 1734 Senator Sonia chang Diaz reparative, David Lynskey speaking in opposition to an act to prevent illegal trafficking and gun violence among youth in the commonwealth. And we have a panel including as I said, Jim Wallis, jake McGugan and Lauren Lepage. Jim are you, are you here? I am here. Mr Chairman. Excellent, Great to see you and please go forward your testimony. Yeah, good to see you all. I never thought I'd say this, but I actually miss being in the state house and then seeing everybody in there. So hopefully that will continue someday. It's a community in its own right. So it's kind of been weird.
[JIM WALLACE (GOAL):] [SB1024] [HB1782] But anyway, uh, more importantly, Mr. Chairman actually here to testify in favor. We have two bills, pretty much the same bill filed by Representative Joe McKenna and also Ryan Fattman, uh they're Senate 1024 and House 1782. And they are an act relative to illegal drug and firearm trafficking. Uh Committee and Mr. Chairman We were very happy in in 2014 to have worked very hard with the Legislature when we were able to pass a huge bill after the tragic massacre in Newtown. And we were very happy gold drafted three trafficking sections as far as firearm goes 269 10, I J And K. And we're very happy that we actually got those into law. And what we're doing with this bill is combining those as well as Section 10E, which is another trafficking. And the renewed drug trafficking laws that the Legislature, if I recall maybe four or five years ago, redid to take into account for the new marijuana laws and also the opioid crisis.
And we have all seen the tragedies whether it's trafficking of illegal guns or illicit drugs. I have friends that have lost adult children to heroin once they got strung out on opioids and then turned to the heroin routine. So we know that this isn't just somebody who's selling a joint to somebody else you know, like the old days. These these are monsters that are bringing massive amounts of death and carnage to our, our cities, our streets and even our our neighborhoods. So simply put what this bill these two bills would do is if you are convicted, whether together or separately of illegal trafficking of firearms and illegal trafficking of illicit drugs that's very specific in the bill as to what that is. Uh, then you could face up to life in prison.
It totally gives, it's not a mandatory minimum. It gives the courts all the authority they want as far as going up to that. But5379 we were tracking cases just a5381 few years ago and I was amazed that a gentleman out of Worcester who was arrested with a real AK47 the machine gun style eradicated serial numbers and 20,000 bags of heroin was released on bail in just a few days and two weeks later was5398 arrested on, on the same charge. So while that's a bail situation, we also want to give the courts, you know, the maximum ability to put these people away who are killing our families and neighbors and Children. Uh, and as we know, and we've put out several reports over the last few years, according to the FBI when adjusted for population, Massachusetts has always won number one or two in the most violent states in north east America. And I think we can go a little bit too helping that situation if if these legislative, this legislation is passed and put into law giving the courts and the prosecutors just one more tool to take the real monsters off the street. SHOW NON-ESSENTIAL DIALOGUE
thank you very much. Mr Wallace. And did you want to comment on On the Senate 942 House 1734.
[WALLACE:] We're actually going to save you some time. We're going to be submitting written testimony on on a, on a variety of different bills before the committee. So we'll be providing the committee with a package of testimony probably within the next month. Um, so you can just take your time and read that and save people time sitting on their stools in the kitchen. So there you5473 go. SHOW NON-ESSENTIAL DIALOGUE
Thank you. Um, so with respect to just to be clear, uh, in my apologies for the oversight Senate 1024 Senate 1028, House 1780 to enact relative to illegal drug and firearm trafficking, which you just testified and simple. Do any of the committee members have questions for those bills to Mr Wallace?
Okay. It doesn't look like there's any questions. And yeah.
And so jake beginning in and Lauren page will not be testifying now. Then they were on the road. So I'm sorry they expected to be testifying later, but I'm actually here Lawrence here. Okay. And I think jake5521 is as well. I am as I am as well. Yes.
Um, Jake. Do you want me to go and then or are we still waiting? Go ahead.
[LAUREN LEPAGE (NRA):] [SB942] [HB1734] [HB1570] Great. Good afternoon it's technically morning Senator Eldridge, Representative Day and honorable members of the committee. My name is Lauren LePage and I'm in the state5541 director for the NRA in Massachusetts. I will be very brief because we've submitted written testimony for the committee's consideration. I'm here to testify in opposition to Senate Bill 942 in the House Bill 1734, which arbitrarily ration law abiding citizens' ability to exercise their Second Amendment rights by5559 limiting the number of purchases or transfers of firearms within a year. This legislation will serve as a roadblock to the legal purchase of a firearm by law abiding citizens. Further, the legislation does not address the situation where the eligible person obtains a firearm only wants to commit a crime. NRA is committed to keeping guns out of criminals hands.
It's our position that lawmakers should focus on ensuring the vigorous enforcement of existing gun laws against those who use firearms to commit violent crime rather than imposed new restrictions on law abiding gun owners. Lastly, I just want to mention for5594 the record, we are in support of the previous bill, House Bill 1570 which speaks to legalize the lawful use of suppressors. And we've submitted written testimony on that bill. So with that I will conclude to save the committee sometime. SHOW NON-ESSENTIAL DIALOGUE
Great thanks Leslie paige and appreciate your testimony. Um, and now, uh, Mr McGuigan,
[JAKE MCCULGAN (NSSF):] [SB942] [HB1734] Yep, Chair Day Chair Eldridge, thank you for the opportunity to speak to you. My name is Jake McCulgan. I'm managing director of State Affairs for the National Shooting Sports Foundation. I'm also a resident of Westport Massachusetts, uh, here in the commonwealth. Uh, I did want to speak in opposition to S 942 and H 1734. A specific part of those bills would deal with micro stamping of firearms. Uh, what I wanted to explain real quickly is that as5650 a trade association for the firearms industry we represent manufacturers, retailers and rangers across the country. Our membership includes small mom and pop retailers, as well as large manufacturers such as Smith and Wesson and Kahr Arms, both based in Massachusetts. Uh we obviously want to express our strong opposition to the micro stamping component within this bill.
Micro stamping has only been passed in one state in the entire country in California. It has not been implemented in the state. Other states have gone down this road, but have realized it is a patented5685 sole source technology that is easily defeated uh and have basically followed the recommendations of the National Fraternal Order of Police, the Bureau of Alcohol Tobacco and Firearms and the National Research Council that believes that there is more independent testing needed on this technology before it is mandated. Um one major concern that should should be uh addressed from the Legislature is the impact on manufacturers in Massachusetts. Uh, Smith and Wesson, one of our larger members that has a large number of employees in Massachusetts and unfortunately this may provide them the opportunity to move to a different location Um, that's a little bit more friendly to the firearms industry.
And lastly, I wanted to point out, the the large economic impact that the firearms industry does have on becoming with Massachusetts. Uh in 2020 $2.45 billion in total economic activity was created by the5755 firearms industry and the industry employs close to 8000 people in the state. We have seen a shifting and demographics of new purchasers of firearms in the commonwealth as well as well as across the5770 country. First time gun buyers, we're seeing more females, more African Americans, more Hispanics, making purchases of firearms across the country.5777
So we don't believe that a micro stamping component would be the best5782 thing to do right now because again, it's easily defeated a failed technology. And once again, only one state has passed it. Um, Connecticut, New York, Wisconsin, New Jersey have all addressed it, but they have not moved forward within micro stamping legislation. So again, thank you for your time. I have submitted pretty extensive written testimony to the committee. So if you want to take the opportunity to take a look at that, that would be very, extremely helpful. So thank you Chair Eldridge and Day for the opportunity to speak today.
[ELDRIDGE:] Thank you. Great, thank you so much. And Jake I did have a question for you around micro stamping. First of all, if you could explain what exactly micro stamping is and you said in your testimony that you believe there needs to be more research for it to be uh more accurate or or valid. Could you talk about that a bit?
[MCCULGAN:] So the bill, this bill specifically says that micro stamping needs to be placed in two locations on what you would call a semi automatic firearm or handgun. So what the assumption is is that it would be on the firing pin and it would make a marking on the casing that is ejected from the firearm. And then assume that at a crime scene you would pick up that casing look at it and then be able5851 to determine the individual that owned that firearm. As we know in Massachusetts based on ATF Data, the firearms used in the commission of a crime are over 10 to 12 years old, then most of the time stolen. So in a situation like this, assuming that the technology worked, meaning it did transmit the characters onto the casing correctly, But you know, the mechanics of a firearm and various other things do come into play with that where it may not be transferred to that casing.
Uh, You would be knocking on a lawful gun5882 owners door and saying, Hey, you know what happened with this gun was at a crime scene. He said, well, I bought that 12 years ago and unfortunately it was stolen or I turned it in. The other thing that needs to be of a concern5895 is that a firing pin can be easily swapped out, um, simply take the firing pin out and put a new firing pin in or the firing pin could also be filed down or ground down so that5907 obviously the characters would not be, um, transmitted to the casing.
One thing you do need to also remember is that this is a patented sole source technology that one individual inventor owns. Uh He has been spending a lot of time trying to pass this legislation. Was able5923 to get it passed in California but has not had much success in any other states. Um We are not opposed to the technology, we are opposed to um the entire situation. And we have seen specifically um law enforcement should probably be uh big adopters of this and obviously they don't want to be adopters of micro stamping because there will be issues with that. So I5947 appreciate the question Chair. SHOW NON-ESSENTIAL DIALOGUE
Great thank you very much. I appreciate the explanation. Are there any questions from committee members for any of the panelists on these group of bills?
Mr. Chairman. Yes. Is that this is jim Wallace. Yeah if I can knocks Williams just texted me and he said on his end the system is completely frozen so he can't get it to unfreeze. So he sends his apologies.
Okay, well, we just he just showed up. Yes, you're just about to call them I think. Thank you. Jim. Oh no, assuming there's no more questions for5991 those category. Bills will vote to Knox Williams on. Excuse Me. House 1570. Did you want to testify on that?
Yes, sir.
[KNOX WILLIAMS (ASA):] [HB1570] And Mr. Chairman, Thank you very much. I apologize for the technical difficulties. It uh, you know, Murphy's law was to play this morning for me. So again, I apologize, but thank you very much for your time and your willingness to let me come speak, especially after6016 you have already passed me up. Um, but with that Chairman Eldridge Chairman Day, uh, and honorable members of the committee, very much appreciate your time. We've submitted extensive written testimony on this legislation, so I'll keep my comments pretty brief. Um, but uh, to start my name6034 is Knox Williams I'm the president and executive director of a group called the American Suppressor Association. Um, in addition to6040 a written testimony, um, testifying to offer our organization's full support of Representative Frost's legislation to legalize suppressor ownership in Massachusetts.
Um, as some of you might know, suppressors are legal to own in 42 states and are legal to have within 40. Um, there is no device that can actually silence the noise of a gunshot. They are simply too loud scientifically, however, suppressors are a tool that can help reduce them to safer noise levels. That's why the Centers for Disease Control, the National Institute for Occupational Safety and Health and the National Hearing Conservation Association all recommend the use of suppressors as a tool to help mitigate preventable hearing damage. If H 1570 is enacted, suppressors will still be subject to some of the strictest federal regulations in existence.
To legally purchase a suppressor a buyer in one of those 42 states must send in an application to ATF that includes fingerprint cards, passport photos, pay $200 transfer tax per item, notify their chief law enforcement officer and wait an average of 6 to 18 months for the ATF and FBI to conduct a joint background check and process the application. The use of suppressors by criminals is a mere statistical anomaly because A they don't actually silence anything. These suppressed guns are harder to conceal and see there are severe federal penalties for their criminal misuse. According to Ronald Tuck a former number 2 of ATF And I quote, this is a direct quote silencers are very rarely used in criminal shootings. Given the lack of criminality associated with silencers, it is reasonable to conclude that they should not be viewed as a threat to public safety. End quote.
Um, from our perspective, this is not and should not be a partisan issue. Over the6130 past several years four Democratic governors have signed pro suppressor legislation into law that includes Governor Peter Shumlin of Vermont, Governor Maggie Hassan in New Hampshire, um, and most recently, Governor Janet Mills in Maine where suppressor hunting bill was passed unanimously by her legislature this session. For these reasons, we have the American Suppressor Association ask that you support Representative Frost's legislation. Um, should anyone at any time any members of the committee or any of your staffers like to actually come out and hear a suppressor firsthand, we'd be more than happy to host an educational demonstration for you at any time in any location of your choosing. And with that like to open up for questions. But again, thank you very much for your flexibility and for your time. I tremendously appreciate it.
SHOW NON-ESSENTIAL DIALOGUE
Thank you. MR blades appreciate your testimony. And are there any committee members that have questions that they will raise their virtual hand? I see Representative china Tyler has a question.
[REP TYLER:] [HB1570] Yes. Um thank you so much Mr. Chairman. Um I wanted to chime in really quickly and thank you all for your testimony. Um this is a very important issue topic as um in communities of color we're having a huge issue with gun violence in general, um, and the issue that we're having6203 um is more centered around access um to these firearms. And so while I appreciate your specificity in the different parts and um trying to legalize and um take down different um aspects of the gun and we really want to focus on the access to these different pieces of firearms. So I just want to say thank you so much and I look forward to working with you in the future to combat the illegal trafficking of firearms here in the commonwealth. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Okay, great, thank you very much for Representative.
Any other questions from the6237 member committee member? Excuse me. Okay, uh Mr Williams, thanks for your testimony, appreciate it. Rich. The next bill for the people have signed up to testify as the bill, Senate 1018, House 1525 by Senator Bisceglia. Representative Campbell and act specify an electronic system to ensure that sales of certain products containing pseudoephedrine PSC do not exceed limits established under federal law. And we have signed up paul zipper6271 Masti Police retired in support of the bill and Carlos Gutierrez in support from the Consumer Healthcare Products Association. So mr zipper are you here?
I'm here. I'm here sir. Can you hear me? Yes, yes,
[PAUL ZIPPER (DFS):] [HB1525] Thank you Chairs Eldridge and Day. Um, Briefly I'm going to provide some testimony in support of 1525, which if passed would ensure that the sales of certain products containing pseudoephedrine do not exceed limits established currently under federal law. I'm providing this testimony after learning firsthand of the dangers the manufacturing of methamphetamines, inflicts on the manufacturers are either the meth cooks The users, the innocent victims and the environment. So I want to bring a different slant to traditionally what we're discussing drugs. I spent 34 years with the state police and sadly COVID-19 took me out. I retired in January. However, I have been working with Linda Dean Campbell's office to try to get this moving forward.
Um, I, the last six years of my career I spent with the fire and explosions section to include a 25 year career6344 investigating fires and explosions. And in about 2018 I inherited the Clan Lab enforcement team, the Mass State Police, especially trained officers who are taught to investigate and mitigate uh clandestine labs. So that was my my background and we work in conjunction with the State HazMat team Department of Fire Services. I want to talk briefly on a critical component of illegal drug Drug labs investigations are access investigators have to what's called NPLEx, the National Precursor Log Exchange, which is a real time electronic logging and compliance system that tracks the sales of over the counter cold and allergy medications containing pseudoephedrine.
So pseudoephedrine is traditionally what we're speaking about. Uh this drug is highly addictive when you, when you manufacture methamphetamines and the process is highly volatile. The making of this stuff. Meth causes agitation, increased heart rate, blood pressure, anxiety, paranoia6405 and high doses can cause convulsions, heart6409 attacks,6410 stroke and death. So what I'm asking the the group6413 to consider is that um if we this bill moves this would allow the use of this tool NPLEx to have real time um information people attempting to purchase or are purchasing uh pseudoephedrine in an effort to make methamphetamines. What happens is these meth makers recruit individuals which are referred to as smurfs to go around to different pharmacies and to purchase uh pseudoephedrine um and other types of chemicals If you will.
Uh in the current state the big pharmacy CVS Walgreens. They already comply with NPLEx. So when someone goes to purchase, you provide a photo ID They log you into NPLEx and then we can tell if someone has been out trying to trying to buy large amounts. However the smaller mom and pop uh if you will, drugstores, pharmacies aren't required to don't have to comply with NPLEx. And what they do6480 is a paper log uh and take information. And6484 through investigations we've found that some of our purchases have been long dead based on the paper log. Someone brings in their father's ID They're signed up and we can't identify that. Now this is uh this is much more than just talking about methamphetamines.
What is happening is that in our investigations were finding that Children, the elderly and the environment are who are really exposed to the if you will to the the follow from these drugs. If I gave you a quick lecture on how to make meth you need to one liter bottles, a hose cold packs which are traditionally ammonia nitrate drain cleaner, pseudoephedrine which is ground up solvents. So you're adding Coleman fuel or either car starting fluid, lithium batteries, which6536 you caught up, you shake up the bottle to get the trend to get to start rolling over the and then you put the two bottles together6547 with the hose and within a little bit of time you get crystal, you get crystal meth. Once you have the meth, you clean it off with with another solvent and uh and basically you wash it with a filter and acetone. Then you cook it up and you smoke it. That's how you make meth.
The problem is that these small cooks are doing this in homes with the elderly i.e. Uh a 35 or 40 year old son living with his mother in elderly housing complex. You've got families, I've got a case in Foxborough we've got four small Children living in and while the guys cooking meth all the time. And we've we've had as a result we've had explosions, we've got a couple of deaths and we've had we've had DCF involved in the four Children in Foxborough. I did submit some testimony uh for you to read, it's only a two page document. But um in closing if you will uh if we pass House bill 1525 it's going to do much more than just identify those manufacturing methamphetamines. What it's really going to do is help protect citizens and the environment through early identification and intervention at no cost to state.
This isn't going to cost the commonwealth anything and it won't affect users, pharmacies, retailers or law enforcement. This is a public safety issue. And again I never did drug investigations. I inherited this clan lab team but my investigators who were assigned to me, were finding Children and the elderly victimized all the time. And then our cooks have to dump this sludge somewhere. They dump it in the water, they burn it backyards or they just dump it anywhere. We were finding some DCR properties where we had people cooking and just leaving the sludge in our in our uh well in our in our DCR property. So I won't I won't take up anymore of your time. In my test of in my testimony I did submit six cases that you can review and look up. But in essence that's my testimony. And I thank you for your time.
SHOW NON-ESSENTIAL DIALOGUE
Great thank you very much for your testimony. Thank you for your service6678 for sorry here you had to retire early. But I want to thank you for your service with the state police. Um And I think we will6685 now have Carlos Gutierrez. He's here talk about the bill as well. Mr Gutierrez.
[CARLOS GUTIERREZ (CHFPA):] [HB1525] [SB1018] Thank you. Mr Chairman, members of the committee. My name is Carlos Gutierrez I'm the vice president of state and local Government affairs or the Consumer Healthcare Products Association in Washington DC. And we represent the makers of over the counter medicine, dietary supplements, consumer medical devices, including the makers of pseudoephedrine containing medications. And I'd like to speak in strong support of House Bill 1525 and I believe Senate Bill 1018 as well On your docket today. This bill essentially brings the commonwealth of Massachusetts, Massachusetts in line with 38 other6728 states that have already passed this system, which is, as was explained earlier, the National Precursor Log Exchange helping retailers pharmacies govern the sales of pseudoephedrine containing medication.
In 2005, the federal government passed the Combat Meth Epidemic Act and that was to try and limit diversion of these medications. And when I say these medications, I'm referring anyone who's ever suffered from allergies sort of like I am today, uh, you products like Claritin D, Sudafed Zyrtec D uh, Mucinex D etcetera. So you're limited to how much you can buy per day and per month you have to sign a paper log. Um, that was the federal law. Um, this bill would actually just bring Massachusetts sort of into the modern day and the modern age where everything that was done in on paper is now digital and it is provided free of charge to the state, free of charge to law enforcement. And the retailers, the industry, the folks I represent actually will pay for it. And um, it's not an experiment. It actually works really, really well blocks millions of boxes every year. And so we stand in great support of this and would urge your yay vote on this on these bills. SHOW NON-ESSENTIAL DIALOGUE
Great thank you very much for your testimony to both of you. And are there any questions from the committee members for mr zipper? Mr Gutierrez.
I do not see any questions. So thank thank you both for your testimony. Mm Thank you. Thank you. The next bill for people testifying both in support and opposition house 1604 file by Representative Giovannino and Act to enact Steven's law relative to the distribution of fentaNYL that results in death. And the first person we have to testify in support of the bill is Jackie Lake Anderson in in support of the bill.
Jackie Lakey Anderson. Yeah, thank you. Can you hear me? Yes. Yes. Hello?
[JACKIE ANDERSON (CONCERNED CITIZEN):] [HB1604] [SB1137] Thank you Mr. chairman and thank you members of the committee, other public officials and all that are on the call Today. I'm offering my testimony in support of Bill H1604 Stephen's Law. While I am here to testify for this bill I want all to please consider my testimony on the other eight bills within this hearing relative to illegal substances. I am just one testimony from one member of one6892 family in the commonwealth that has been hurt. On February 20th 2021. It was the worst day6899 of my life and I have been through horrific times in my 36 years. I received a phone call that my younger brother was found dead In our grandmother's bathroom. My 80 year old grandmother tried to wake him up, shaking him and then called my father.
He rushed over and himself broke down and my father is not when that breaks down. He, always has self control upon hearing the news and myself broke down and collapsed. That day Caused my life to never be the same. My brother was a sports fanatic with a heart of gold. He took care of my dying now deceased grandfather, my elderly and sick grandmother who has dementia6938 and was the rock to my family. He was the mentor to my younger siblings and also the Children in the neighborhood and the person that I would turn to for anything. He would give any stranger He saw the shirt off his back and he was also my best friend. My brother developed a substance addiction due to a sports injury at a younger age, but he was in recovery. His doctor at the time, who I do directly blame causing this addiction continuously prescribed him opiate narcotics every week at the age of 18.
He was legally an adult. Once you were 18 years old, no longer need your parents permission to receive narcotics. Then a male's brain is not developed fully until they are 25 years old. The dangerous and risks of taking these medications at a younger age should be taken into consideration as well. But that's another point I want to discuss at a later time. But6993 even after so many years of this battle, my brother sought help and was in recovery. I had my brother back. His exact words words to me I don't want to die, Jack. And that was said on January 27th 23 days before his death. Due to him having to care for my elderly grandmother. He was unable to run from the pressures of drug dealers. They would call text and go by the house trying to convince my brother to use. Drug dealers in the commonwealth or even promoting on social media sites, music videos and other ways to attract those to use their drugs.
They haunt people chase them around and they do not want the people of the commonwealth to be healthy and happy. They want them tortured on a daily basis. Well on February 19th someone went to the house and left my brother a package. This is the package that took my brother away from me. Coincidentally, this was the same day that Senator Tarr filed Bill 1137. Senator Tarr I'm also in favor of your bill as well. The following day, my brother was found deceased with this jacket salon alone on the cold bathroom floor. Fentanyl 4-ANPP for the medical examiner's report was the cause. There were no opiates in my brother's system. He was doing so well and he was proud of himself and to this day I'm still7074 proud of him.
As I'm sure you all are aware 4-ANPP Is the main chemical to use to make counterfeit prescription pills. One flake of 4-ANPP Can cause serious7085 harm to whomever it comes in contact with it. This is according to the MSDS Sheets. They also state that one should avoid7092 breathing around this drug, avoid breathing. The PPE is a respirator. The person had to know what he was giving my brother and had given to him for free as he was my grandmother's caretaker makes me think that whoever this was wanted to murder him. They would do anything to get him hooked on something else. Drug dealers only see dollar signs when they're looking at the people. How many more people are they doing this to within the commonwealth? These people who knowingly give sell or provide anything with Fentanyl know what they're doing with the news these days. The arrests they know they should be held liable for their actions and how liable with the punishment fit for their crime.
My testimony tonight is not only about my brother, this is also about many other families in the commonwealth. What some are currently going through and many have already gone through.7144 I personally know two more people who died from the same cause within a week's time of my brother's death That was three in 1 week. The police officers of the commonwealth can only do so much without the support of the government behind them, paving the way to properly prosecute all around them. My father, a retired lieutenant served the commonwealth and protected all around him. And I know to this day that he was proud to serve the commonwealth. However, seeing so many not being held liable for their actions, getting slaps on the wrists and then release.7179 I know it's hard to go7181 about daily life.
I know many officers on all different departments who worked tirelessly to prove without a reasonable doubt that someone would be guilty of a crime. However, even with many of the cases that have solid evidence, it is nearly impossible to prosecute drug dealers for the two crimes homicide. Those guilty of poisoning, manufacturing, selling or giving the weapon of mass destruction should pay for their crimes,7208 and not with just a small sentence, a sentence that shows the commonwealth cares about the well being of their residents. Based on the information that was released by the Massachusetts Department of Public Health. On May 2021, of the deaths related to overdoses had Fentanyl present and were caused by Fentanyl. This will only continue to grow.
January deaths of the of your constituents were 162. In February 157 lives of the constituents were overdoses And in March there were 185 sons, daughters, friends and family members that lives were lost, According to the Department of Public Health in using the 91.9% of Fentanyl caused deaths 463 deaths were in three months of your constituents were7257 by Fentanyl. This is just the first quarter in 2021. My little brother was only one of them. My brother was given a fake counterfeit prescription pill that killed him. This law will not stop people from dealing this deadly drug To have dealers second guess it. It may stop a younger generation who is vulnerable from going in the direction of distribution of illegal substances.
This law may also help people suffering with addiction realize the dangers of this drug in really any drug. If dealing this drug that is known to take someone's life and does so is seen in the eyes of the law is homicide. Maybe they may rethink about their7301 use and choose recovery. I pray and hope that me coming forward with this testimony regarding Fentanyl will keep the pain and hurt that I feel daily from affecting someone else. The pain I feel daily. The times I'm going to miss my brother, the uncle that my future Children will never know. I don't want others having days like that. I do not want anyone else to have to go through this because it hurts. It's not only me and my family but also the other families of the 463 people who passed in7336 the first quarter of 2021. Thank you for your time and I appreciate my voice being heard. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you so much. Mr Anderson really appreciate the courage to talk about your brother on behalf of the whole committee. We're7360 so sorry for his passing and stories like yours are really how elected officials, including legislators, are passing, um, more legislation to address the crisis, which I think sometimes the media is not as focused on what really continues. So I want to thank you so much for your testimony, um, and talking about your brother and we'll just open it up to see if there's any committee members that have any questions for you. Any question Q members. Thank you.
Okay, thank you very much for your testimony. We will be reviewing the bill very closely. Okay, Thank7400 you. Have a good day. Absolutely.
So I noted there are there are people who signed up in in uh, testifying on this bill, both in support and in opposition to the bill. Um, so I do now want to ask Mr Leo bolotsky from the Health and Justice Action lab to speak on this legislation. Mr bolotsky,
[LEO BELETSKY (NORTHEASTERN UNIVERSITY] [SB1137] [HB1604] Thank you Mr. Chairman. Thank you for everyone for um allowing me to speak. My name is Leo Blood Scheme, I'm a professor of law and health sciences at Northeastern University in Boston, where my work focuses on public health impact of laws and their enforcement. Um, the specific bill, um, that we're discussing 1137 companion bill, House Bill 1604 represent a trend, a national trend and drug induced homicide bills that are relatively um similar to the one that's being proposed. I wanted to provide some empirical, uh, information7471 that we have compiled at Northeastern regarding these laws and their enforcement. Um, the first thing that I wanted to mention is, um, I certainly sympathize with Ms. Anderson and others who have lost friends and loved ones to this terrible tragic crisis that we're all facing in a commonwealth and across the nation.
My family has been affected as well. Um, However, I do not think that, um, laws such as this one are the right prescription to address the crisis. Um, there are a couple of reasons why first, um, the although the bills,7513 uh, such as this oftentimes are, um, framed as, um, trying to, um, capture and deter drug dealers, the actual prosecutions oftentimes ensnare other people who use drugs, usually friends, partners and, um, uh, acquaintances of, of the people who are deceased. So it's usually the last person in the supply chain, which are usually, you know, either not drug dealers at all or people who are, you know, the kind of the lowest rung of the ladder. And so there are typically other people affected with addiction. And so we end up prosecuting people such as Jesse Carrillo, which was a recent case in the Supreme Judicial Court in Massachusetts, um where it's simply people who shared drugs.
So, um, these are not dealers at all. And so we're essentially spending lots of taxpayer money giving very long sentences to people who are simply um, other people affected by addiction and in need of help. Um, The second7586 issue that I wanted to highlight is the fact that these kinds of prosecutions run a total cross purposes7594 to efforts to increase help seeking behavior. So 911 Good Samaritan Law that exists in Massachusetts provides legal immunity for people to call 911 during an overdose event. Um, there's typically a window of opportunity to respond and save7611 a person's life. Um, 911 Good Samaritan Law does7615 not cover um, drug induced homicide charges. So in that way, um, there is a kind of conflicting messages. On the one hand, we want you to call for help on the other hand, you may be prosecuted for homicide.
We have done7628 some mathematical modeling on7630 this and found that, um, drug induced homicide prosecutions are associated with lower help seeking and increase in overdose. So inadvertently, these laws actually, um, uh, exacerbate the problem that they're trying to fix. The third thing that I wanted to mention is that drug induced homicide prosecutions fall disproportionately on people of color. So, um, typically when there's an overdose event, um, unfortunately the prosecution's, um, usually, uh, you know, there's a discretion on whether or not the prosecution, um, will be for simple possession or for drug induced homicide. And so the discretion we have found, um, oftentimes goes, uh, to prosecuting someone for drug induced homicide if the, if that person who distributed the drugs is a person of color.
So, so, um, in that way, these prosecutions kind of map out onto what we know has been a very unjust, um, war on drugs style, um, strategies to address, uh, this terrible crisis. In closing, I'd like to say that we do know, um, and I've served on two Massachusetts State Commission, a Harm Reduction Commission and, and, uh, Involuntary Commitment Commission. Um, we know what to do to address the crisis. We know that that treatment harm reduction and supportive7716 services helped to reduce overdose. And we should focus on those, um, proven strategies. Scientific strategies to address this crisis. And I invite um families of people who have died, um such as Miss Anderson to support those scientifically based strategies. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Great, thank you very much. Mr bolotsky appreciate your testimony. Any questions from the committee members
do not see any questions. Thank you very much for your testimony.
The next person to testify is Deborah Diggle in7754 support of how 16 oh four. Miss Diggle7757 be here.
Deborah deco.
Okay. Do not hear her. Um Next person signed up to testify is Katie Simon and opposition to the bill from the urban survivors union. This Simon. Are you here?
Katie Simon? How 1604?
Mhm. Okay. Uh we're going to go on to another bill then. Um and the only thing I would say, and I know uh often the subject matter of these bills are very emotional, lot of personal stories um just out of respect for for committee members and guests who are following the hearing. If you could please7805 try to limit your testimony to three minutes. I really appreciate that The next bill to be heard is how 1698 filed by Representative Brad Jones and Act relative7817 to the deliberate spread of contagious diseases. And the first person we have to testify in opposition is Elijah Patterson. Elijah. You here?
Mr Alija Patterson.
Okay. Next person signed up is mr morgan Benson in opposition.
Mr Benson. Yeah. Okay. And I've seen him throughout the hearing. So I no, he is still here. Mr Michael cox in opposition from black and pink massachusetts. Mr cox.
[MICHAEL COX (BLACK AND PINK):] [HB1698] Hi, good afternoon. Um, thank you Chairperson and can be committee members for hosting this today. I do testify in opposition to 1698 an act relative to the deliberate spread of contagious diseases. Black and Pink Mass is a volunteer fueled organization that supports LGBTQ and people living with HIV impacted by the criminal legal system. Regarding this bill public health issues like HIV and the transmission of it should not be criminalized. Uh, and this bill in particular is not rooted in science. It is not rooted in research and it is not rooted in best practices. In fact, there is no data to suggest that criminalizing HIV would reduce any new HIV transmissions. However, there is research that indicates that HIV crime laws in other states are disproportionately used against black brown, LGBTQI plus people and people who used intravenous drugs.
If passed here in Mass, we could expect to see similar impact on those same marginalized communities as they make up a disproportionate number of HIV infected persons. In practice this law would have racist, homophobic and transphobic application whereby our prisons and jails would continue to be stacked with black, brown and queer people while doing nothing to skillfully address the HIV epidemic. Those resources used to arrest, investigate prosecute and incarcerate would be better spent investing in best practices that actually stop the spread of HIV. Decades of research and practice have taught us that if we truly want to stop the spread, we must make access to HIV prevention medications widely available to anyone who requests them.
We must also ensure that people living with HIV have access to beyond making sure our residents live a healthy life. People who are medically compliant with their HIV medication cannot transmit the virus to another person because their viral load is so small um they just simply can't be contagious. Finally, we need a robust public health public education campaign to make sure that young black ground LGBTQI plus and those who use IV drugs are educated about prevention and treatment options. Representative Bradley is an outlier in filing this bill. The White House AIDS Strategy Task Force, the US Department of Justice, Civil Rights Division, US Conference of Mayors National Association8016 of City and County Health Officials and so many more are condemned laws that criminalize HIV and this law should be swiftly uh dis favorably voted in this committee. Thank you so much. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much Michael, thanks for your testimony. I appreciate that. And are there any members of the committee that have any questions for mr cox?
Okay don't see any questions. Thanks again for your testimony, appreciate it.
Uh The next bill we have least signed up a lot of people who will testify is House 1494 filed by represent connally an act establishing a task force to study equitable access to anthropogenic plants. And so we have a number of people signed up to testify. The looks like all in support. The first person we have signed up is Richard Gara from decriminalized nature massachusetts. Mr gear. Are you here?
Okay? Richard Gara. All right. The next person to wish you to testify and support is Saskia gun jams for the massachusetts recreational Consumer Council. Saskia Von jobs, are you here?
Yes, that's Van James. Thank you very much. My apologies. Thank you.
[SASKIA VANNJAMES (MRCC):] [HB1494] Thank you for having me today. Um, I work at MRCC Massachusetts Recreational Consumer Council.8116 We've been8117 established since 2017 and we've been really focusing on our cannabis industry and helping to educate Massachusetts in regards to equity, public health, public safety and um, now transformative justice for our communities that have been disproportionately impacted by the war on drugs. We have successfully lobbied for equity programs to exist in Massachusetts. Um, the language for our social equity fund for grants, loan forgiveness and an increase for 25% set aside in cannabis8144 tax revenue to go towards a fund for our social equity economic empowerment applicants is now resting with the state, which we hope to um, see passed before the end of this month.
And I am also, um, the person who helped lobby and support of the historical um, equity bill in the city of Cambridge, where we created a priority period, um, the city of Cambridge. So I come before you today in support of H 1494 specifically in regards to two areas. One, this bill establishes um, an area where we're recognizing racial equity. In the cannabis industry we have failed and failed miserably to even have any sort of discussions um, in regards to racial equity yet we have um uh whitewashed and rewritten the definition of communities. And instead of allowing communities in a traditional term to be defined by groups of people, we've actually rewritten this to be defined as geographical areas.
This has in turn allowed, um um, this industry could be successfully cannabis industry, music definitely. Um Whitewash and its ran over by wealthy white men, while black and brown communities continuously to be left behind even as consumers where we decriminalized and legalized and the increase of um racial disparities on cannabis arrests have only increased up to 104, Um across the state of Massachusetts. So it is imperative that we pass um H 1494 in regards to the language for support of um for members with professional advocacy or economic um or academic experience promoting racial equity and economic justice. And let me be clear, racial equity has a process and a framework towards it. It's not just a word you throw around and you put a person in a seat.
So when this um is established, there will need to be a racial equity commission established for our framework8255 to be established within that. We're8257 also in support of this bill because there's also written in here Language for at least one representative of a Massachusetts recognized Native American tribe. Again, in the cannabis industry, we have completely locked out, isolated, never even have any language in our legislation addressing inclusion for our Native American tribes and the legalization of cannabis. We've decriminalized, legalized and continuously have left now our bipoc communities and we're wondering why. The establishment of this task force, plant psychedelics so let me be clear, cannabis8290 is a part of the family of a plant psychedelics. Plant psychedelics is a part of health equity.
So when we're talking about health equity we're also in recognition that what has been declared the number one health issue affronting America right now is racism. Health equity is essential. Racial equity is essential. It is essential that8308 we start having conversations on intersectionality and examining health equity through our racial equity lens. So, these two things must be combined this task force must be passed and we must show solidarity and support for our indigenous or Native American tribes as well as our black and brown communities who have been, let the tape finding such and profit not recognized anywhere. And has been, once again towards consumer education this year from our governor's budget. So we're actually pushing, you know, in support for this for this task force. It needs to get done. We need to put money towards. Mhm. So thank you for all of your time. And I just want to point out that, please. Mm. Yeah. Mhm. Um, towards investment towards services in our communities. These are two totally different things punitive. Okay. Mm hmm, mm hmm. Oh. SHOW NON-ESSENTIAL DIALOGUE
Uh huh. Uh huh. Yes. Okay. Sit.
Uh huh. Uh huh.
And I want to just make one more statement before I wrap up in regard to the war on drugs because there's a lot of language going on here and I think you guys need to be reminded of something. We um, and I quote, we knew we could not make it illegal to be either against the war or blacks, but by getting the public to associate the hippies with marijuana and blacks with heroin. And then criminalizing both heavily, we could8400 disrupt the communities. We could arrest their leaders. We could raid their homes. We could break up their meetings and vilify them night after night on the evening news. Did we know we were lying? Of course we did. This is Nixon's domestic policy chief, John Ehrlichman, and I never get that name right. But that that's his name. And that's a public statement on the record, you guys.
So I need you to really be honest in examining how much internalized racism are we displaying here in these conversations as we're developing policies versus looking towards alternative measures. We're hearing some awesome words. You're gonna hear some more awesome people speaking in regards to harm reduction, right? Because we know the substance abuse programs that we have are failing. If they worked, we would not be where we're at right now. We also know we need investment in services, not punitive tools or else we would not have people screaming and shouting in the streets asking for restorative justice, asking for transformative justice towards their communities.
So I just want to say all these things that I stand in solidarity with our communities and I played passionately that you pay attention to what we're asking for and and and be able to to lock these these two things together. And if you have any questions in regards to racial equity, please give me a call. Please send me an email, my email, saskia@massredcouncil.com. I will drop it in the comments. I am more than happy to discuss this further with you guys8479 and I'm always here and of service for you. Thank you very much and that is my time. SHOW NON-ESSENTIAL DIALOGUE
Great, thank you very much. Miss Van James really appreciate8490 your testimony. Um And there is already a question from a committee member. Representative China. Tyler represented Tyler. Yeah.
Yeah. And Russia Tyler think you're on mute.
You hear me better now?
[TYLER:] Thank you so much Mr. Chairman for acknowledging me. Um I just wanted to take two seconds just to thank um Ms. VannJames that correct for your testimony. Um We did hear you loud and clear and definitely on the task to be able to um make sure that folks8526 understand that the lack of correlation between racial justice and the word equity. So I just want to thank you so much for your testimony. SHOW NON-ESSENTIAL DIALOGUE
Great. Thank you represented Tyler. And are there other members of the judiciary committee to have questions for? MS again James.
Okay thank you again for your testimony, appreciate it. The next person we have to testify is Marion McNabb in support of House 1494. Yes. Big now.
Yes. Hello? Yes. Uh huh. All right. Great. Uh can you see me? Yes,8567 we can see you too.
All right,
[MARION MCNABB (CCOE):] [HB1494] thank you so much for your time. My name is Dr.8571 Marion Macnab and I'm here testifying today in full support of Mike Connolly's Bill HB 1494 A bill to establish a task force for the study of entheogenic plants. I'm here today from a very personal perspective. I'm a 40 year old public health cannabis doctor and researcher that lives in East Boston. Um and I'm here testifying in support of this bill proudly 47 days sober from alcohol with the help of an entheogenic plant iboga. Unfortunately I had to travel internationally to take this medicine because it's8605 illegal in the United States and in Massachusetts. But I only found out about iboga and the benefits of this medicine that have helped me be 47 days sober because of the work of Bay Staters and of the decriminalization nature group in Massachusetts.
They actually reached out to me because I am a cannabis researcher to testify on behalf of this plant based medicine. Um I learned about its benefits and decided to use it for myself. So about two months ago I traveled to Bahamas and I am a victim of PTSD and not only myself, but many suffer from PTSD anxiety and depression. Um and with the ongoing Covid crisis, we're seeing more and more impact of anxiety depression and PTSD among many populations. Um while this plant is not, while many entheogenic plants have been researched and are implemented in clinical medicine, uh in several in a few countries, there's still room for a lot of research and understanding about how these plants can have a positive impact on mental health conditions, um, and a variety of other health conditions and symptoms that folks face, including myself.
Um, so, um, now I refer to myself not as a victim but as a survivor and a warrior. A little bit of background about my scientific uh experience. I have I'm a public health doctor, educator and researcher. I have a doctor in public health and the Boston University School of Public Health, a Masters in Public Health from the Johns Hopkins School of Public Health and my Bachelor's and Arts from Saint Louis University. I've done six cannabis research studies in Massachusetts over the last four years with the University of Massachusetts. Uh, and8705 then I had my previous cannabis Community Care and Research network8709 company. Unfortunately, that failed under Covid, but I am now the president of the cannabis Center of Excellence in Massachusetts, which is a nonprofit entity looking at cannabis research, education and8719 social justice work.
So, um, while I am fairly educated and did my research on the kind of medicine and treatment that I wanted,8727 I found stumbling blocks in our existing healthcare system. I'm enrolled in Tufts Primary Care. I have a trauma therapist. I've been um, you know, seeking support and services for my own anxiety, PTSD and depression within our traditional healthcare system. And my healthcare providers are fully aware that I've done these treatments. Um, and then I'm also a medical cannabis patient and that's part of the reason that I continue to stay off alcohol and from my treatment of ibogaine.
So I'm in full support of this bill and developing a multi disciplinary task force to research this and the implications of these types of plant medicine and um and the impacts that it can have positively on our healthcare system. I really support the start of a task force that includes social justice at the helm. I've been part of that work to and fully support, MRCC's work and others that have worked really hard for social justice and restoring restorative justice based on the war on drugs. So I think I fully support also that and looking at that very strongly as part of this bill. This these types of plant medicines were outlawed in the 50S as we heard from Rep Connolly because of politics. Um, so there's no reason that we shouldn't form a task now to study it. It worked for me um and has worked for other people, but it doesn't work for everybody.
And so we need to make sure that you know the clinical guidelines are in place um and you know this task force can conserve those um initiatives well for the state. So thank you very much. I'm living proof that these medicines work. I'm happy to share any of my scientific expertise or do any kind of research or share any more about my experience. It was pretty intense and very helpful and under full clinical supervision, Doctor and8824 nurse etcetera. So thank you so much for the time. Um and I'll submit8828 additional testament. SHOW NON-ESSENTIAL DIALOGUE
Great thank you sir. Thank you very much, Miss McNab. Many questions from the committee members, Giuliani. So thank you for your testimony and the next person we have to testify On House 1494. Is Danny Fitz given in support.
Do any fits given.
Okay. Next person signed up. Is Sarko Gregory in in support? Sarkozy? Hungarian.
Okay. Moving on to the next person, jennifer stele in support jennifer stell?
Yeah. Hello? Yes,
yes. Hi, would you like to testify? Yes, I would.
[JENNIFER STELL (CONCERNED CITIZEN):] [HB1494] Thank you for this opportunity to speak. My name is Jennifer Stell. I'm here to testify in favor of bill H1494. I'm a mother, grandmother, a nurse and entheogenic plants quite literally saved my life since childhood. I've suffered from crippling cluster headaches, which made it impossible for me to exist without horrific pain8901 every day. At age 17 I was arrested for using cannabis to help treat this painful condition. The arrest destroyed my life and subjected me to horrible abuses and several years loss with my family. When I returned home after endless treatments and doctor's appointments, I was finally prescribed opioids and eventually began using heroin to medicate the trauma and my cluster headaches that were still ongoing to which a medical8923 system was failing to provide relief for.
I've been through the traditional treatments for my addiction, which for like many did not work for me. I have relapsed numerous times and got so low in my life I attempted suicide. It was then a friend came to me and told me about um ibogaine treatment which is an entheogenic plant from South Africa that actually resets neural networks in the brain related to addiction. I took my life savings, went to this woman and one treatment completely transformed8950 my life. It took away all my feelings of withdrawal and cravings and I've not even been remotely tempted by heroin or other opioids ever since. Through that caregiver, I also learned that psilocybin mushrooms, another plant is the only known cure to cluster headaches According to a study by the American Academy of Neurology.
I found some psilocybin mushrooms and use them and for the first time that I can remember, I went six months without a headache or a migraine. These few acts have given me a life. I now feel it was worth living. I have to continue to use psilocybin for my headaches several times a year, which is why it's important to me that this bill passes. If you love someone with addiction, depression, anxiety, PTSD or someone with a neurological condition like traumatic brain injury, migraines or dementia you have a moral obligation to pass this bill. With over 700 grassroots volunteers across the state Bay Staters for natural medicine um, has decriminalized in four different cities and will soon hopefully decriminalized in Boston with stories of hope that have been even more powerful than mine.
More than five decades of clinical trials have proven these plants work. They have been used safely for thousands of years. Don't let corporations looking to profit saw doubts of influencing you. This state bill will prevent corporate monopolization of these compounds by Mass COMPASS Pathways and other companies that put profit over human life. Since Covid, there have been a dramatic rise in the number of overdoses increase in drug and9036 alcohol abuse as well an increase in9038 those suffering from treatment resistant anxiety and depression, which I see daily in the hospital that I work in. Passing this bill9044 will provide equitable access to these life saving plans for9047 those suffering and seeking effective treatment. Creating a9049 task force will hold our Legislature accountable to equity focused legislation In years to come.
Already in California, corporate lobbyists have imposed limits that prevent vendors been growing in their own homes, um, growing mushrooms in their own homes and indigenous producing, transporting certain quantities of treatments uh during quantities to treatment centers. The only way to keep these life saving plans affordable is to put together this brilliant task force to overhaul our state's progressive laws on controlled substances, putting compassion before profit for people over profit. It is time to heal our communities and service instead of arrest our people. Thank you. SHOW NON-ESSENTIAL DIALOGUE
Thank you very much. Mr I'll appreciate your testimony. And are there any questions from committee members for this still? Yeah. Uh thank you very much for your testimony. And I believe that the other person we had signed up on, the last person we had signed up on this bill is Paula. My Oh, I don't know if this mayo is still still here. I saw her earlier.
Okay. Um so I'm going to just do a
last call for a the list. I have people that were signed up to testify, whether legislators or or individuals.9140 Uh 2nd call Representative Allyson, Sullivan
uh Deborah Diegel,
Katie Simon,
Elijah Patterson, morgan, Benson, Richard, Gere, era Danny fitz, gibbon sarkozy, Hungarian. And once again Paula. My Oh,
okay. Any of those individuals. Okay.
Okay. For anyone that did not register to testify, just wanna behalf of Chairman Day and I remind people that anyone can submit testimony to our offices. Uh for for me, it's to my email at James dot Eldred at msn dot gov. Uh and for co Chair Day and Michael Day at Emi House dot gov. This has been great testimony, really appreciate committee members for being here and listening to the testimony from elected officials. And uh let's so let's see. I think we see Paula Maya, Miss Mile High. Yes.9221 Yes, I know you've been very patient. Would you like to testify?
Yes, I would love to thank you so much. Sure. I'm just gonna move us to gallery mode so I can see everybody I'd like to do. I just go right now please. Yeah. Great.
[PAULA MAOUYO ():] [HB1494] So I'd like to testify on behalf of Bill H 1494. Um and I support it and basically if we do not study9251 equitable access to entheogenic plants, it's a great loss. We deny ourselves the opportunity to learn about a great resource for healing our relationships to ourselves, our families and our communities. I do not consider entheogenic plants to be a silver bullet, but they can be deeply helpful Um a deeply helpful resource for healing relationships, particularly when taken in a safe setting with other people or a person who can be trusted to give you space to process and support if helpful.
Furthermore, many studies have shown that many entheogenic plants are non addictive. I have consumed psilocybin in a therapeutic setting that was legal and safe and I have only had good outcomes. My empathy for others has increased, my curiosity about where they're coming from has increased. For example, I have historically had a complicated relationship with my mom and her side of the family who are white. There has always been a lot of love,9310 no doubt, but it's been painful in the past when my mom has been dismissive or when I felt that she was dismissive about my concerns about economic justice, issues of consent and related topics on safety, justice and community flourishing. I used to roll my eyes when she would be dismissive just thinking like white people don't get it.
But since my experiences with entheogenic plants, I have become more empathetic, more curious and9338 more compassionate. Instead of judging or assuming where she's coming from, I've wondered what matters to her right now. How can I meet her where she's at? I took my mom on a vacation in 2019 to Montana, her first time out west, anywhere past Illinois and we got a lot closer. I am now taking my family on vacation in a few weeks and over the last couple years I've been encouraging each of my family members to be more curious about each other and gentle and honest, um, as opposed to judging each other or making assumptions. Last night, my mom9373 thanked me and she was so excited and she said she was so excited about her family vacation. And just a few weeks back, my older brother, who usually hates everything he's a grumpy9382 old man and he especially hates family vacations. He texted our family thread This trip in August is going to be fun. I know optimistic me is a weird look, but I'm legit excited.
9392 I9392 could also talk about my response to a kid um in Baltimore who shot at my dad in close range a few weeks ago in the face. Instead of judging, I was curious what happened in his life that led him to believe this was his best option. What9408 does he need to feel safe and secure? What does he need to be a contributing community member? I do not talk all this up to entheogenic plants. I've drawn on many other resources to get to this point. Amazing therapists, coaches, pastors, dance teachers, neighbors, and other people throughout my life have shown you what it looks like to be curious, generous and hopeful. That said entheogenic plans have helped me tie all these inspirations together. I do not intend to be9435 prescriptive about who should or should not use entheogenic plants, but I hope that everyone can have access to these plans and also to information that will help them stay safe if they decide to use this resource.
I hope that this in this perspective would be represented on the task force so that we all have equitable access to the best resources possible so that9452 we can all heal safely and enjoy more life giving relationships again with ourselves, our families and our communities. I also one last thing entheogenic, if you look at the etymology of the word, it's an en theo gen and it means like to become more divine within oneself. So if you think about you know Mahatma Gandhi, what is his thing like be the change you want to see in the world? Like it is helpful for becoming that change or the classic WWJD Um I just want that to be noted. Happy to take any questions. SHOW NON-ESSENTIAL DIALOGUE
Thank you so much for your chest and I really appreciate that. I know you've been very patient in the hearing today. Are there any committee members that have questions for? MS mile? Okay, well thank you so much. Glad we got you in to testify. Thank you so much. I'll send it in writing as well. Thank you very much. Um So with the note9515 for those that wish to submit testimony, descend to Chairman Day or myself to our emails. Just ask Chairman9522 Day if you have any closing remarks.
I don't senator. Thanks very much. Excellent. Well thank you very much. And is there a motion to adjourn the hearing?
So mood. Okay second second. Okay. All those committee members in support of returning the judiciary committee hearing, Police ci. Right. I all right, great. Thanks again for reverend for coming and I have a good rest of the day. Take care
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