Takeaways from the 2023-2024 legislative session

August 2, 2024

During the 2023-2024 legislative session, the ACLU of Massachusetts and our partners fought hard to shore up civil liberties for people in our state. There’s a lot to reflect on, but first, we want to say thank you: ACLU supporters sent tens of thousands of messages to legislators this year — your texts, calls, and emails made a difference and helped move freedom forward. We also want to thank legislators — especially our main sponsors and key committee chairs — who worked to advance civil liberties and civil rights this session.

Despite some notable victories thanks to our supporters and legislative champions, the Legislature failed to get a range of critical bills over the finish line before formal sessions ended on July 31, leaving many issues of profound importance to Massachusetts residents unresolved.

It’s not unusual for lawmakers in the Bay State to leave a lot of important business until the last minute. Historically, some version of the same story plays out every two years — a year and a half of hearings and deliberation before a burst of productivity in July.

Unfortunately, however, this July was different: The House and Senate did not agree to final language on most of the bills they were actively working on. Instead, they sent only a handful of bills to Governor Healey’s desk. Then, with major bills pending to address the opioid crisis, climate change, workers’ rights, economic development, and more, the Legislature abruptly adjourned, leaving advocates and Beacon Hill veterans stunned and disappointed.

It’s rare for so many critical bills to stumble simultaneously at the finish line. And despite procedural options to continue lawmaking during the remainder of the calendar year, it is exceedingly rare for the Legislature to return, and even more rare for them to take up complex legislation in so-called informal session.

The ACLU and fellow advocates will continue to encourage legislative leaders to find ways to pass additional, meaningful reforms in the coming months. With an election in November that could jeopardize our democracy and severely impact our civil rights and civil liberties, Massachusetts deserves better. That’s why the ACLU will never stop pushing for legislation that embodies the best of what our Commonwealth can be.

Let’s take stock of the session from an ACLU perspective.

Technology for Liberty

Face surveillance: We sought to pass a bill that would codify commonsense recommendations from a bipartisan legislative commission on facial recognition. The bill made it out of committee but sadly, neither chamber took it up before the clock ran out.
Location Shield Act: This bill would ban the sale of cellphone location data, which, when exploited, exposes us all to the risk of harassment and surveillance. While the House took positive steps towards a limited version of this proposal, lawmakers ultimately missed an opportunity to protect everyone in Massachusetts. The Senate failed to pass their own version of the bill.
Massachusetts Data Privacy Act: This expansive bill would provide best-in-the-nation data privacy protections for consumers. We were thrilled when, earlier this year, it was advanced with a favorable report by a legislative committee specializing in information technology. While it was never taken up for debate, the fact that such a comprehensive bill was voted out of committee is an extremely positive sign.
Responsible robotics: Born of an exciting partnership between the ACLU of Massachusetts and industry leaders, this bill would prohibit the manufacture and operation of armed drones and robots. The Senate adopted this proposal as part of its economic development bill, but lawmakers failed to reach consensus on that overall vehicle.

Public Health

Overdose prevention centers: This bill would allow municipalities the option to approve and establish local overdose prevention centers, a response to the opioid crisis that’s sorely needed and proven to save lives. In a historic first, the Senate passed this bill, which itself is an immense achievement for longtime advocates. Sadly, the Legislature failed to agree on an overall bill to address substance use disorder.
Pre-natal substance exposure: Advocates and state agencies agree on legislation to stop the automatic filing of abuse or neglect reports for any form of prenatal substance exposure, including when a pregnant person is taking prescribed medication for substance use disorder. The House passed this bill as part of an important substance use and recovery reform package, but the Legislature did not agree on final language.
Involuntary commitment (Section 35) reforms: The ACLU of Massachusetts, along with mental health, substance use, and prisoners’ rights advocates, have long pushed to end the inappropriate commitment of people in need of treatment to carceral facilities instead of community-based treatment centers. This effort advanced as part of the substance use bill passed by the House, but did not receive final approval.

Smart Justice

No-cost phone calls for incarcerated people: This bill eliminates fees for phone calls from prisons and jails, a crucial step toward equity and stronger community connections for incarcerated people and their loved ones. After many years of powerful activism, Governor Healey signed this bill into law in November 2023 — making Massachusetts the fifth state to achieve such a victory.
Raise the age: This bill raises the age at which young people may be tried as adults in criminal court — an evidence-based proposal that is both critical for juvenile justice and based on a large body of scientific research. A version of this legislation was adopted as part of the Senate’s economic development bill, but this measure ultimately failed to advance before the session ended.
Debts and driving: An ongoing priority for the ACLU of Massachusetts, this bill would end the practice of suspending drivers' licenses based on unpaid fines and fees that are unrelated to driving safety. Unfortunately, this legislation did not advance out of committee, so we will renew our advocacy next session.

Housing and Education

Eviction sealing: In a significant housing bond bill, the Legislature passed a measure to protect Massachusetts tenants from having eviction records held against them when they look for new housing. For the first time ever, tenants will be able to petition to seal records of no-fault evictions, cases found in favor of the tenant, or dismissals. There is more work to be done in this area, but these reforms have the potential to make a major difference in the lives of low-income tenants of color — especially Black women, who face significantly higher rates of eviction than other groups.
Access to counsel: In another major first, the Commonwealth’s FY25 budget will begin to fund statewide legal representation for tenants facing the threat of eviction. Keeping people in their homes is the easiest way to improve housing stability.
Ending home equity theft: Massachusetts tax foreclosure laws were found unconstitutional for allowing municipalities to sell a person’s home and take the entire value of the property, even when the homeowner owed a smaller amount in back taxes. We joined other housing advocates to fix this problem — and pass additional protections to help vulnerable homeowners from losing their property in the first place.
Common Start (early education and care): As a proud member of the Common Start Coalition, we celebrate the passage of unprecedented investments in early childhood education and care, including both supports for early educators and expanded eligibility for child care subsidies. These reforms bring us several steps closer to making high-quality, affordable, and accessible early education and care a reality for all families in Massachusetts.
Free community college: Passed as part of the state budget, this welcome policy enabling all state residents to attend community college at no cost could address longstanding barriers to entry for low-income students. The ACLU of Massachusetts celebrates this important milestone for equity.

Reproductive Equity & LGBTQ Equality

*UPDATE* Parentage Act: In a significant victory for all families, the Legislature passed the Parentage Act, which simplifies how LGBTQ people and people who use IVF are recognized as parents under the law. We congratulate our partners who fought so hard for this legislation.
*UPDATE* Maternal health: In another significant victory, this bill — which expands access to midwifery care, birth centers, and other reproductive health care services — passed unanimously during an informal session. Along with our partners in the Bay State Birth Coalition, we are thrilled to see these vital reproductive equity reforms become law, and we thank our fellow advocates for their tireless work.

Defending Democracy

Open meeting access for all: This bill would require hybrid access to open meetings in cities and towns across the Commonwealth, promoting equity and accessibility. Despite a strong bill making it out of committee, lawmakers failed to take this issue up.
Voting access reforms: The ACLU, along with coalition partners, advocated for a range of initiatives to improve ballot access this session. While the Senate adopted one element of our voting rights agenda, none of our priority reforms made it to the Governor’s desk.

WHAT’S NEXT?

The work of protecting and expanding civil liberties never stops, and we rely on our supporters, partners, and volunteers to help us year-round. We need your help to redouble our efforts to defend civil rights and civil liberties for everyone in the Commonwealth. Please sign up to join us.

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