The Senate handed three perennial payments Thursday, comparatively early within the session, giving their sponsors hope that they may lastly cross the end line this time round.
Senators unanimously authorised payments to strike from state legal guidelines outdated and offensive language referring to folks with disabilities (S 137), eradicating statutes criminalizing sure intercourse acts and blasphemy (S 1034), and making a program to enhance interactions between police and autistic drivers (S 2558).
“I want to acknowledge that it’s taken 15 years to get to this point, and just say that this is an example of the importance of persistence,” stated Sen. Pat Jehlen, who has sponsored the Senate model of the invoice to take away offensive language concerning folks with disabilities for over a decade.
She stated the primary model of the invoice drafted 15 years in the past eliminated 10 sections of state legislation that used the phrase “handicapped.”
Yearly, researchers discovered an increasing number of cases of offensive language, slurs and out-of-date terminology for folks with disabilities to be stricken from state statute, inflicting delays. The invoice handed authorised on Thursday would change 362 cases of outdated language, principally by inserting “people with disabilities.”
“This bill represents a significant step forward, not only in how we talk about disability, but in how we affirm the value and dignity of every person across this commonwealth,” stated Sen. Robyn Kennedy, co-chair of the Committee on Youngsters, Households and Individuals with Disabilities. “These words have remained in our legal code for far too long, words that no longer reflect our values or our understanding of disability. [This bill] replaces those terms with modern, person-first language that centers respect, humanity and inclusion.”
Melissa Reilly, a longtime aide in Sen. Jamie Eldridge’s workplace and advocate for folks with disabilities and Down syndrome like herself, got here to observe the session. She left her job within the State Home earlier this yr when her household moved to Connecticut, however she had been a passionate advocate for this invoice for a decade. Each senator who spoke in regards to the invoice thanked Reilly for her work.
“As chair of Rules [Committee], even after we put the bill out in 2016 and ’18, I would still hear from Melissa Reilly almost every day, saying, where’s the bill? And I would say, well explain that we did it. And she’d say, I don’t care, where’s the law. There’s a big difference between a bill and a law, and Melissa made it clear she was looking for a law, not a bill,” stated Sen. Mark Montigny.
Senators additionally adopted a Sen. Cindy Creem modification to alter language in state legal guidelines from “hearing impaired” to “deaf and hard of hearing.” Creem stated a constituent had introduced the problem to her consideration.
“The language in our statutes should reflect the rich culture and diversity of deaf and hard of hearing community, not falsely imply that the community is somehow damaged or less than perfect,” Creem stated.
Senators took up one other invoice to replace statutes by placing so-called archaic legal guidelines.
The U.S. Supreme Court docket dominated anti-sodomy legal guidelines unconstitutional in 2003 and Massachusetts has legally acknowledged same-sex marriage since 2004, however sections of state legislation nonetheless characteristic discriminatory restrictions on sexual interactions between consenting adults.
Massachusetts nonetheless has legal guidelines on its books that might ship an individual to jail for sodomy or “unnatural acts,” in addition to for utilizing the “Holy Name of God” in a curse. The courts have deemed these legal guidelines principally irrelevant, however Senate Democrats stated Thursday that their continued presence in state statute might be a menace to the LGBTQ+ neighborhood and different Bay Staters.
Massachusetts is the one state in New England that has not eliminated anti-sodomy legal guidelines from its books.
“We’re living in turbulent times,” stated Sen. Julian Cyr. “A barrage of federal action in just the last seven months, the reversal of Roe v. Wade coupled with a surge of anti-abortion and anti-LGBTQ legislation across the country underscores the imperative for vigilance in defense of rights and liberties… This legislation is not just cosmetic. It’s about reaffirming Massachusetts’ commitment to personal liberty and to equality in an era of escalating threats to the most sacred of our rights.”
The Sen. William Brownsberger invoice would additionally take away the time period “common nightwalker” from state legal guidelines, which he stated has been used particularly to focus on trans girls strolling at night time to “prosecute or grab off the streets.”
The Senate additionally adopted a Sen. Sal DiDomenico modification to strike language in statute that associated to “petit treason” — which shocked each DiDomenico and Sen. Bruce Tarr to find was nonetheless in Massachusetts state legislation.
Petit treason is against the law of killing one’s “superior,” specifically an enslaved particular person killing their enslaver, a spouse killing her husband, or a priest killing their superior, DiDomenico stated.
“There are two individuals that were convicted of petit treason in the commonwealth in 1775 — if you can believe that we saw that this law has been in existence since 1775 in our state — and it happened in Charlestown, where I represent today,” DiDomenico stated. “There were two enslaved people who could no longer endure their enslaver’s severe cruelty. Each was convicted and sentenced to death. Mark was the first person, who was hanged publicly, while Phyllis, the second person, was burned to death. Petit treason is archaic and was primarily used for discriminatory purposes, and it should be stricken from the general laws.”
Tarr referred to as it “offensive, inappropriate, and to say that it is outdated is an understatement.”
Lastly, the Senate took up a Sen. Jo Comerford invoice to codify a blue envelope program in Massachusetts legislation to enhance interactions between police and autistic drivers. Below it, collaborating drivers may select to position copies of their license, registration and insurance coverage playing cards inside a blue envelope, which acts as a visible cue for police and different public security officers throughout tense and probably harmful site visitors stops.
The envelope would notify police that the motive force is autistic and supply steering for find out how to deal with sure behaviors, reminiscent of stimming. Drivers may share emergency contact info on the envelope.
The Massachusetts State Police started a voluntary program modeled after the laws final yr, regardless that the invoice was not made legislation.
Comerford stated she was grateful to the State Police for starting this system, however it was nonetheless necessary to codify this system in statute.
“It is critical that we codify this into law so our state statute says this is a protection that will be lasting,” Comerford stated.
Senators additionally adopted an modification from Sen. Michael Moore to mandate coaching as soon as each 5 years for cops on secure interactions with autistic folks.
This coaching would “make sure they actually get the training so they can recognize some of the characteristics of someone who may have a developmental disability, and being able to recognize those characteristics to work with them. We did a lot of that work in police reform, making sure that police interact appropriately, hopefully, with the general public. Every demographic should be treated fairly and appropriately,” Moore stated.
The payments are actually within the Home’s arms. The Home handed a model of the incapacity language invoice final session. The archaic languages and blue envelope payments died in Home Methods and Means.
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