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Reps OK measure to crack down on handicapped parking placards

Herald News - 10/30/2017

Beacon Hill Roll Call recorded local senators' and representatives' votes on roll calls from the week of Oct. 23-27.

HANDICAPPED PARKING (H 3973) - The House, 152-0, approved legislation cracking down on the misuse of handicapped parking placards including increasing the period of license suspension for wrongful use or display of a placard from 30 to 60 days for a first offense and from 90 to 120 days for a second offense.

Another provision would prohibit the obstruction of the expiration date or placard number and subject an offender to a $50 fine. The measure also prohibits making a false statement on an application for a placard and imposes a fine of $500 for a first offense and $1,000 for subsequent offenses.

Supporters said it is time to crack down on these offenders who are taking spaces that should be used by a handicapped person. They noted a recent report by the Inspector General revealed widespread abuse of these placards. They noted that many placards still in use belonged to people who had died and said the placards can be used to park all day at most metered spaces, resulting in millions of dollars in lost meter fees to cities and towns.

The Senate has approved its own version of the bill and the House version now goes to the Senate for consideration. (A "Yes" vote is for the bill.)

Rep. Carole Fiola: Yes Rep. Patricia Haddad: Yes Rep. Steven Howitt: Yes Rep. Christopher Markey: Yes

Rep. Paul Schmid: Yes Rep. Alan Silvia: Yes

PROTECT STATE AND LOCAL PUBLIC EMPLOYEES (H 3974) - The House, 151-0, approved a bill that provides all state and municipal workers with the same protections provided to private workers under the federal Occupational Safety and Health Act.

Supporters said an average of 28 municipal workers per week suffer injuries serious enough to be out of work for five days or more. They noted this protection would cover some 450,000 state and local public workers who perform jobs that are sometimes just as dangerous as private sector ones.

The Senate has approved its own version of the bill and the House version now goes to the Senate for consideration. The main difference is that the Senate bill sets an effective date of September 1, 2018, while the House sets it at July 1, 2019. (A "Yes" vote is for the bill.)

Rep. Carole Fiola: Yes Rep. Patricia Haddad: Yes Rep. Steven Howitt: Yes Rep. Christopher Markey: Yes

Rep. Paul Schmid: Yes Rep. Alan Silvia: Yes

CRIMINAL JUSTICE CHANGES (S 2185) - The Senate, 27-10, approved a bill making some major changes to the state's criminal justice system including repealing mandatory minimum sentences for low level drug offenders, reducing and eliminating some fees and fines, making changes to the bail system and the juvenile justice system, allowing for compassionate release of ill inmates, raising from 18 to 19 the age at which someone can be charged in adult court and making dangerousness hearings available in more cases and allowing longer detention of defendants on a dangerousness finding.

Supporters said the bill is a balanced one that updates many laws and repeals some arcane laws while still protecting the public. They argued that the bill is a big step toward ending the vicious cycles of incarceration and crime."

"This bill is about lifting people up instead of locking them up, while focusing attention on the most serious offenders," said its sponsor Sen. Will Brownsberger.

Assistant Majority Leader Cynthia Creem, D-Newton, said, "I am proud to say that this bill touches on every phase of the criminal justice system, from the front end of the system, including more diversion and expansion of addiction treatment opportunities, to the back end including sentencing, prison programing and solitary confinement reforms. This bill goes a long way to modernize our system in line with our principles of rehabilitation and reduced recidivism."

Opponents said that the bill goes too far and weakens the state's criminal justice laws in many ways.

"There are aspects of the bill which we believe hold out promise and which we embrace, but still feel that too many aspects of the bill throw it far out of balance." said nine of the state's eleven district attorneys in a letter. "This undermines the cause and pursuit of fair and equal justice for all, largely ignores the interests of victims of crime, and puts at risk the undeniable strides and unparalleled success of Massachusetts' approach to public safety and criminal justice for at least the last 25 years." (A Yes" vote is for the bill. A "No" vote is against it).

Sen. Mark Montigny: Yes Sen. Marc Pacheco: Didn't Vote

Sen. Michael Rodrigues: Yes

FELONY THRESHOLD (S 2185) - Under current law, a person who commits theft under $250 is charged with a misdemeanor and above $250 with a felony which carries a stiffer sentence.

A section of the criminal justice bill debated last week proposed raising the $250 threshold to $1,500.

Senate 15-22, rejected an amendment that would decrease the proposed $1,500 threshold to $1,000.

Amendment supporters said that the hike from $250 to $1,500 is excessive and argued that $1,000 is a reasonable compromise. They said the hike to $1,500 would result in serious theft being categorized as a minor misdemeanor.

Amendment opponents said the $250 threshold has not been raised since it was established in 1987. They argued that the $1,500 threshold would put Massachusetts in line with other states in the area.

(A "Yes" vote is for the hike to $1,000. A "No" vote is for the hike to $1,500.)

Sen. Mark Montigny: No Sen. Marc Pacheco: Yes Sen. Michael Rodrigues: Yes