Rep. Sam Montaño

Maddy summaryThis bill (HD 3987) protects individuals by requiring written consent before using their name, image, voice, or likeness for advertising or commercial purposes within Massachusetts. It allows people to sue for damages if their image or voice is used without permission, with potential triple damages for intentional violations. The law treats these elements as personal property, protecting them for 10 years after death, extendable up to 70 years if the estate demonstrates ongoing public use. Exceptions include photographers displaying work (after written objection) and using a person's image in connection with goods they sold or artistic works they created.

Maddy summaryThis bill (HD 3766) sets new rules for evidence collected during traffic stops. It states that evidence unrelated to the traffic violation itself cannot be used in criminal court unless officers had reasonable suspicion or probable cause to believe the person was already committing a felony or misdemeanor before the stop began. The state must prove this prior suspicion existed by a preponderance of evidence if challenged. Individuals stopped in violation of this law can seek civil remedies, including monetary damages, while officers may still enforce traffic laws but cannot use stops as a pretext to investigate unrelated crimes.

Maddy summaryThis bill (HD 3238) simplifies the process for young people to have certain juvenile or criminal records permanently erased ("expunged"). It expands eligibility by removing the previous limit of "2 records" and sets clearer timeframes: 7 years for felony records (unless tried in juvenile court) and 3 years for misdemeanor records. The bill also adds specific offenses that cannot be expunged (like murder, certain sex crimes, and some restraining order violations) and requires law enforcement to stop sending juvenile arrest records to federal databases. Finally, it mandates annual public reports tracking expungement petition outcomes to ensure transparency.

Maddy summaryHD 3912 creates a state-funded program providing free legal representation to low-income tenants and homeowners facing eviction or housing subsidy termination in Massachusetts. It directly affects eligible individuals who qualify based on income (80% of area median income or less), public assistance status, or inability to pay court costs without hardship. The program, administered by the Massachusetts Legal Assistance Corporation, will fund designated legal aid organizations to provide "full legal representation" in covered housing cases, including eviction proceedings. These organizations must serve low-income communities, ensure language access, and work with an advisory committee of housing advocates and tenants.

Maddy summaryHD 4170 establishes rules for handling sexual assault evidence kits, directly affecting victims of sexual assault, hospitals, law enforcement, and crime labs. The bill requires hospitals to inform victims their evidence will be kept for at least 15 years and prohibits destruction before conviction completion, suspect death, or statute of limitations expiration. It mandates crime labs to test kits within 30 days of receipt and requires law enforcement to notify victims 60 days before destroying evidence or extend retention upon request. The law also creates specific guidelines for "Early Evidence Kits" (professional DNA collection when traditional exams aren't possible), including labeling requirements and victim access to test results.

Maddy summaryThis bill creates the "Massachusetts Survivors Act," allowing adults and children charged with crimes who are survivors of abuse, sexual assault, or human trafficking to seek relief in their criminal cases. Defendants can file a motion at any time after being charged, requesting pretrial diversion (suspended proceedings), reduced sentences, or postconviction relief, supported by evidence like court records, medical documentation, or expert testimony. The court must issue written findings on eligibility and sentence, and the Attorney General must annually report on all motions filed, granted, and demographic details. The law ensures no prior legal finding of abuse is required and protects defendants' constitutional rights during the process.

Maddy summaryThis bill (HD 1559) protects police officers and individuals experiencing severe allergic reactions (anaphylaxis) from drug possession charges when seeking emergency medical help. It allows officers to carry, possess, and administer epinephrine autoinjectors without fear of prosecution or civil liability for good-faith actions. The law specifically shields against charges under drug laws if evidence of possession came from the emergency, but does not cover drug trafficking or distribution. It applies only to immediate life-threatening allergic reactions requiring urgent care.

Maddy summaryThis bill automates the sealing of certain criminal records in Massachusetts, eliminating the need for individuals to file petitions. It requires correctional facilities to report release dates monthly to the probation commissioner, who then automatically seals eligible records after waiting periods (3 years for misdemeanors, 7 for felonies), excluding sex offenses, certain drug violations, and other specified crimes. The commissioner must seal records within 30 days of eligibility, provide clear notices to affected individuals at sentencing, and allow access to sealed records without court orders upon request. It directly affects people with past convictions who meet the waiting periods and criminal justice agencies responsible for record management.

Maddy summaryThis bill automatically seals criminal records for offenses that did not result in a conviction or "guilty file" disposition, directly affecting individuals with unconvicted cases. It eliminates the need for people to file petitions to seal such records, requiring courts and probation agencies to seal them immediately after final disposition (including completion of supervision). The bill also mandates that agencies provide a written notice stating "a presumption of innocence applies" for unconvicted offenses when sharing records. Additionally, it ensures individuals can access their sealed records without court orders and clarifies that convictions only include formal "findings of guilt," excluding continuances without finding. These changes aim to reduce barriers for people with unconvicted cases in employment, housing, and other areas.

Maddy summaryThis bill creates a new legal framework to address abusive lawsuits between family or household members where one party has been found to have committed abuse. It defines "controlling and abusive litigation" as legal actions primarily intended to harass, intimidate, or maintain contact with a victim, often involving repetitive claims or lacking legal merit. Victims can request court orders restricting such litigation, which would require courts to verify abuse history and litigation patterns before imposing penalties. If found abusive, the case is dismissed with prejudice, and the perpetrator must pay all costs, attorney fees, and faces a 48-72 month ban on filing new lawsuits.