S 1049 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act relative to diversion for primary caretakers

This bill allows pregnant individuals and primary caretakers of children or sick family members to request pretrial diversion from criminal charges. Under the new rules, these defendants can propose a plan involving community service, employment, or other programs while their case is paused for up to two years. Courts must approve these motions unless there is clear and convincing evidence of a public safety risk, and any statements made during the diversion process cannot be used against the defendant if the program is later terminated. If the defendant successfully completes the program, the charges will be dismissed; otherwise, the court may extend the diversion period or restart the criminal proceedings.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
House Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Feb 8, 2024
Floor votes

How they voted

This bill passed the House. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Lower · Passed
House concurred
lower
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
upper
1 primary · 4 co-sponsors

Sponsors