BEACON HILL ROLL CALL

THE HOUSE AND SENATE

Note: The following are local representatives' and senators' votes on roll calls from the week of Nov. 13 to 17.

ENGLISH LANGUAGE LEARNERS (H 4032) Senate House 155-1, Senate 37-0, approved and sent to Gov. Charlie Baker a bill that would give public school districts the power and flexibility to offer other English Language Learner (ELL) programs in addition to or instead of the current sheltered English immersion program. The current immersion program, approved by Massachusetts voters on a ballot question in 2002, requires all students, including those not yet fluent in English, to be taught English by being taught all subjects in English and to be placed in English language classrooms.

Supporters said since the year 2000, the number of ELL students in Massachusetts has doubled to more than 90,000 students or 9.5 percent of the entire student population. They argued that schools need the flexibility to implement a program that will fit the needs of their students rather than the "one size fits all" current law. They said that the English immersion mandate is not working and noted that these students continue to lag behind their peers in high school graduation rates and going to college.

The lone opponent did not respond to a request for a comment by Beacon Hill Roll Call.

(A "Yes" vote is for the bill. A "No" vote is against it.)

Rep. Carmine Gentile: Yes

Rep. Alice Peisch: Yes

Sen. Michael Barrett: Didn't Vote

Sen. Richard Ross: Yes

CRIMINAL JUSTICE CHANGES (H 4011) House 144-9, approved a bill making some major changes to the state's criminal justice system including repealing mandatory minimum sentences for low level drug offenders, restricting the use of solitary confinement, allowing for the expungement of juvenile records and strengthening laws against fentanyl trafficking.

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.

"The reforms made in this bill address all aspects of the criminal justice system from a person's first contact with the criminal justice system, up until an individual leaves the system and re-enters society," said Rep. Claire Cronin (D-Easton). "We have updated and improved our laws, made the system more equitable, and are giving people opportunities to rebuild their lives, while also ensuring public safety."

"Our objective with this legislation is to reduce recidivism by removing the many obstacles facing justice-involved individuals after they have served their time," said Rep. Ronald Mariano (D-Quincy). "Individuals in our communities deserve a chance to effectively transition back into productive members of society, and this bill eliminates roadblocks toward achieving that goal. We believe these changes will be instrumental in encouraging folks that mistakes of their past will not serve as a life sentence."

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

"To get rid of minimum mandatory sentences for fentanyl drug dealers is irresponsible," said Rep. Geoff Diehl (R-Whitman). "Larceny felony will no longer start at $250 but rather $1,000, making everything under $1,000 a misdemeanor. That says Massachusetts doesn't consider stealing to be a serious crime. The commonwealth should be strengthening public safety, not passing a 'soft on crime' bill that fails to hold drug dealers accountable."

"We are facing a drug epidemic that is killing people every day," said Rep. Shaunna O'Connell (R-Taunton). "Drug traffickers are knowingly selling deadly fentanyl. Rather than applying harsh penalties, this bill eliminates virtually all mandatory sentences. This criminal justice bill is 'soft on crime,' fails to protect people, neglects victims and will exacerbate the drug epidemic we are facing."

(A Yes" vote is for the bill. A "No" vote is against it.)

Rep. Carmine Gentile: Yes

Rep. Alice Peisch: Yes

DELAY HEROIN PENALTY (H 4011) House 117-36, approved a motion that would indefinitely delay an amendment creating a new penalty for heroin trafficking that results in a death. The motion would allow the measure to take effect only after the state has furnished a study of the legislation's impact on public safety and the economy of the state and local cities and towns.

Delay supporters said these dealers can already be charged with manslaughter or second-degree murder under current law.

Delay opponents said it is time to crack down on these heroin dealers who peddle this dangerous substance and are responsible for many deaths across the state. They also noted that the motion made by the Democrats to delay the amendment is sneaky and is simply a way to help Democrats avoid a direct vote on the amendment.

(The vote was on delaying the amendment. A "Yes" vote is for delaying the amendment. A "No" vote is against the delay.)

Rep. Carmine Gentile: Yes

Rep. Alice Peisch: Yes

DELAY HEROIN AND FENTANYL PENALTY (H 4011) House 110-41, approved a motion that would indefinitely delay an amendment that would impose up to a life sentence, of which a minimum of five years must be served, and a $25,000 fine on anyone who manufactures, distributes or dispenses heroin, fentanyl, methamphetamine, lysergic acid or diethylamide or phencyclidine (PCP) that causes the death of the user.

The motion would allow the measure to take effect only after the state has furnished a study of the legislation's impact on public safety and the economy of the state and local cities and towns.

Some delay supporters said the amendment is not necessary because under existing law the district attorney can charge the offender with second-degree murder or manslaughter. Others said addiction is a disease and often people who are selling these drugs don't know what they are selling and are simply dealing to support their habit. They noted that recriminalizing and incarcerating a person with a drug problem does not offer any solutions to the drug problem.

Delay opponents said these dealers are killing our children and argued that they need to know that there will be major consequences if they kill the children of the commonwealth. They noted that fentanyl caused many of the more than 1,933 opioid-related deaths in the Bay State last year. They also noted that the motion made by the Democrats to delay the amendment is sneaky and is simply a way to help Democrats avoid a direct vote on the amendment.

(The vote was on delaying the amendment. A "Yes" vote is for delaying the amendment. A "No" vote is against the delay.)

Rep. Carmine Gentile: Yes

Rep. Alice Peisch: Yes

FELONY THRESHOLD (H 4011)

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 $750.

House 117-36, approved an amendment that would increase the proposed $750 threshold to $1,000.

Amendment supporters said the $250 threshold has not been raised since it was established in 1987 and has not kept pace with inflation. They argued that as a result, what used to be misdemeanor thefts have been charged as felonies and Massachusetts ends up charging thefts at the felony level far more often than other states.

Amendment opponents said the hike to $1,000 would result in serious theft being categorized as a minor misdemeanor.

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

Rep. Carmine Gentile: Yes

Rep. Alice Peisch: Didn't Vote

OVERRIDE GOV. BAKER'S VETOES The next four roll calls are on overriding some of Gov. Charlie Baker's cuts of $320 million in spending in the $39.4 billion fiscal 2018 state budget. A two-thirds vote in both branches is needed for a veto to be overridden.

House and Senate Democratic leaders say the budget is balanced and that it is necessary and fiscally responsible to override Baker's cuts that would hurt many people including the sick, seniors, children and minorities.

The governor and GOP leaders question if the state can afford to restore this funding. Some Republicans said that because of this uncertainty they voted to sustain all of Gov. Baker's vetoes, even though it meant voting against restoring funding for many good programs they would otherwise have supported.

$100,000 TO PACE FOR CAMPUS COLLABORATIONS (H 3800)

Senate 31-6, overrode Gov. Baker's veto of the entire $100,000 for the Partnership to Advance Collaboration and Efficiencies (PACE), a collaborative initiative of the Bay State's nine state universities and 15 community colleges.

According to its website, the PACE mission is to "lead a systematic effort for campus collaborations which will benefit each institution, their geographic region and the commonwealth. It is designed to promote cost savings and operational efficiencies, increase productivity and improve service delivery."

(A "Yes" vote is for spending the $100,000. A "No" vote is against spending it.)

Sen. Michael Barrett: Didn't Vote

Sen. Richard Ross: No

$600,000 FOR BOSTON REGIONAL INTELLIGENCE CENTER (H 3800) Senate 37-0, overrode Gov. Baker's$600,000 veto reduction (from $850,000 to $250,000) in funding for the Boston Regional Intelligence Center (BRIC) to upgrade, expand and integrate technology and protocols related to anti-terrorism, anti-crime, anti-gang and emergency response.

According to its website, "Information gathered by the BRIC pinpoints areas of crime, shootings and gang violence, as well as helping to identify major players and ex-offenders returning to neighborhoods."

(A "Yes" vote is for spending the $600,000. A "No" vote is against spending it.)

Sen. Michael Barrett: Didn't Vote

Sen. Richard Ross: Yes

$1,887,952 FOR STATE POLICE PATROLS (H 3800) Senate 35-2, overrode Gov. Baker's veto of $1,887,952 (from $281,420,645 to $279,532,693) for additional state police patrols at various locations in the state.

(A "Yea" vote is for spending the $1,887,952 A "Nay" vote is against spending it.)

Sen. Michael Barrett: Didn't Vote

Sen. Richard Ross: Yes

$635,000 FOR COUNCILS ON AGING (H 3800) Senate 32-6, overrode Gov. Baker's veto of $635,000 (from $14,242,900 to 13,607,900) in funding for several Councils on Aging.

(A "Yes" vote is for spending the $635,000. A "No" vote is against spending it.)

Sen. Michael Barrett: Didn't Vote

Sen. Richard Ross: No

Bob Katzen welcomes feedback at bob@beaconhillrollcall.com.