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Form a Business

DEPARTMENT OF THE ATTORNEY GENERAL, AND THE DISTRICT ATTORNEYS

M.G.L. pt. Part I, tit. Title II, ch. c. 12
in effect

M.G.L. c. 12, § 1 Attorney general; supervision of department; salary; qualifications; other sources of income

c. 12, § 1. Attorney general; supervision of department; salary; qualifications; other sources of income Section 1. (a) There shall be a department of the attorney general, under the supervision and control of the attorney general, which shall be organized as provided in this chapter. The attorney general shall receive a salary of $175,000 and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in the commonwealth for the most recent 8 quarters as determined by the Bureau of Economic Analysis in the United States Department of Commerce. The attorney general shall be a member of the bar of the commonwealth. (b) The attorney general shall not receive earned income from any other source but may receive unearned or passive income.

M.G.L. c. 12, § 2 Assistants and employees; appointment; duties; compensation; tenure; vacancies

c. 12, § 2. Assistants and employees; appointment; duties; compensation; tenure; vacancies Section 2. The attorney general shall appoint a first assistant attorney general and may appoint such other assistants and employees as the duties of the department require. The attorney general shall establish the salaries, duties and personnel regulations of all officers and employees within the department of the attorney general; provided, however, that the salaries of said officers and employees shall not exceed the sum annually appropriated therefor by the general court. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one and chapter one hundred and fifty E shall not apply to officers and employees within the department of the attorney general. Persons appointed as assistant attorneys general shall, in the event of a vacancy in the office of attorney general, continue in the office until an attorney general is duly qualified.

M.G.L. c. 12, § 2A Attorney general; disability; filling vacancies

c. 12, § 2A. Attorney general; disability; filling vacancies Section 2A. If the attorney general is disabled from performing his official duties, the first assistant attorney general shall perform the same during such disability. If the attorney general is disabled from performing his official duties and the first assistant attorney general is also disabled, the governor shall appoint one of the other assistant attorneys general to perform the official duties of the attorney general during the disability of the attorney general and the first assistant attorney general. In the event of a vacancy in the office of attorney general, the first assistant attorney general shall be continued in office and shall perform all statutory duties of the attorney general until an attorney general is duly qualified. In the event that the first assistant attorney general is disabled or is unable to fill the vacancy in the office of attorney general, the governor shall appoint one of the other assistant attorneys general to perform the statutory duties of the office during the disability of the first assistant attorney general or until an attorney general is duly qualified. The person upon whom such duties shall devolve shall notwithstanding anything to the contrary herein contained possess the powers and perform the duties of the attorney general only in matters not admitting of delay, but shall have no power to make appointments.

M.G.L. c. 12, § 2B Annual personnel report

c. 12, § 2B. Annual personnel report Section 2B. The attorney general shall file an annual report not later than the first Wednesday in February with the senate and house committees on ways and means containing the job classification, duties and salary of each officer and employee within the department and all personnel regulations established pursuant to section two. The attorney general shall file amendments to such report with the senate and house committees on ways and means whenever any changes become effective.

M.G.L. c. 12, § 3 Appearances for commonwealth, prosecution or defense; rendering of legal services; payment of expenses for representation of department of transportation

c. 12, § 3. Appearances for commonwealth, prosecution or defense; rendering of legal services; payment of expenses for representation of department of transportation Section 3. The attorney general shall appear for the commonwealth and for state departments, officers and commissions in all suits and other civil proceedings in which the commonwealth is a party or interested, or in which the official acts and doings of said departments, officers and commissions are called in question, in all the courts of the commonwealth, except upon criminal recognizances and bail bonds, and in such suits and proceedings before any other tribunal, including the prosecution of claims of the commonwealth against the United States, when requested by the governor or by the general court or either branch thereof. All such suits and proceedings shall be prosecuted or defended by him or under his direction. Writs, summonses or other processes served upon such officers shall be forthwith transmitted by them to him. All legal services required by such departments, officers, commissions and commissioners of pilots for districts 1 to 4, inclusive, in matters relating to their official duties shall, except as otherwise provided, be rendered by the attorney general or under his direction. The Massachusetts Turnpike Authority, or any successor in interest, shall enter into a memorandum of understanding with the attorney general through which the authority shall provide payment to the attorney general of all direct and indirect costs of the attorney general's representation of the authority, and the attorney general may retain and expend such funds without further appropriation for the purpose of defraying such costs.

M.G.L. c. 12, § 3E Defense of actions against officers or employees

c. 12, § 3E. Defense of actions against officers or employees Section 3E. Upon the filing with the attorney general of a written request by an officer or employee of any agency within the executive office of health and human services or the department of education, that the attorney general defend him in any action alleging an intentional or unintentional tort or other wrongful act or omission, or violation of the civil rights of any person under any federal or state law, arising out of the operation of said agencies within the executive office of health and human services or of the department of education, the attorney general shall, if after investigation it appears to him that such officer or employee was at the time the cause of action arose acting within the scope of his official duties of employment, take over the management and defense of such action. The attorney general may adjust or settle any such action at any time before, during or after trial, if he finds after investigation that the plaintiff is entitled to damages from such officer or employee.

M.G.L. c. 12, § 4 Claims of commonwealth; enforcement

c. 12, § 4. Claims of commonwealth; enforcement Section 4. He shall enforce the collection of such money due on the bonds, notes and securities listed in the accounts transmitted to him under section nine of chapter ten, and the performance of such conditions therein referred to as, with due regard to the situation of the debtors, he may consider that the interests of the commonwealth require.

M.G.L. c. 12, § 4A Acceptance of gifts or grants of money or property

c. 12, § 4A. Acceptance of gifts or grants of money or property Section 4A. The department may accept any gifts or grants of money or property, whether real or personal, from any source, whether public or private, including but not limited to the United States of America or its agencies, for the purpose of assisting the department in the discharge of its duties.

M.G.L. c. 12, § 5 Civil actions to recover money for commonwealth

c. 12, § 5. Civil actions to recover money for commonwealth Section 5. All civil actions to recover money for the commonwealth may be brought in the name of the commonwealth by the attorney general or by a district attorney.

M.G.L. c. 12, § 5A False claims; definitions applicable to Secs. 5A to 5O

c. 12, § 5A. False claims; definitions applicable to Secs. 5A to 5O Section 5A. As used in sections 5A to 5O, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Claim'', a request or demand, whether pursuant to a contract or otherwise, for money or property, whether or not the commonwealth or a political subdivision thereof has title to the money or property, that: (1) is presented to an officer, employee, agent or other representative of the commonwealth or a political subdivision thereof; or (2) is made to a contractor, subcontractor, grantee or other person, if the money or property is to be spent or used on behalf of or to advance a program or interest of the commonwealth or political subdivision thereof and if the commonwealth or any political subdivision thereof: (i) provides or has provided any portion of the money or property which is requested or demanded; or (ii) will reimburse directly or indirectly such contractor, subcontractor, grantee or other person for any portion of the money or property which is requested or demanded. A claim shall not include requests or demands for money or property that the commonwealth or a political subdivision thereof has paid to an individual as compensation for employment with the commonwealth or a political subdivision thereof or as an income subsidy with no restrictions on that individual's use of the money or property. ''False claims action'', an action filed by the office of the attorney general or a relator under sections 5A to 5O, inclusive. ''False claims law'', sections 5A to 5O, inclusive. ''Knowing'', ''knowingly'' or ''knows'', possessing actual knowledge of relevant information, acting with deliberate ignorance of the truth or falsity of the information or acting in reckless disregard of the truth or falsity of the information; provided, however, that no proof of specific intent to defraud shall be required. ''Material'', having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. ''Obligation'', an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation or from the retention of any overpayment after the deadline for reporting and returning the overpayment under paragraph (10) of section 5B. ''Original source'', an individual who: (1) prior to a public disclosure under paragraph (3) of section 5G, has voluntarily disclosed to the commonwealth or any political subdivision thereof the information on which allegations or transactions in a claim are based; or (2) has knowledge that is independent of and materially adds to the publicly- disclosed allegations or transactions, and who has voluntarily provided the information to the commonwealth or any political subdivision thereof before filing a false claims action. ''Overpayment'', any funds that a person receives or retains, including funds received or retained under Title XVIII or XIX of the Social Security Act, to which the person, after applicable reconciliation, is not entitled. ''Ownership or investment interest'', any: (1) direct or indirect possession of equity in the capital, stock or profits totaling more than 10 per cent of an entity; (2) interest held by an investor or group of investors who engages in the raising or returning of capital and who invests, develops or disposes of specified assets; or (3) interest held by a pool of funds by investors, including a pool of funds managed or controlled by private limited partnerships, if those investors or the management of that pool or private limited partnership employ investment strategies of any kind to earn a return on that pool of funds. ''Person'', a natural person, corporation, partnership, association, trust or other business or legal entity. ''Political subdivision'', a city, town, county or other governmental entity authorized or created by law, including public corporations and authorities. ''Relator'', an individual who brings an action under paragraph (2) of section 5C.

M.G.L. c. 12, § 5B False claims; liability

c. 12, § 5B. False claims; liability Section 5B. (a) Any person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) conspires to commit a violation of this subsection; (4) knowingly presents, or causes to be presented, a claim that-includes items or services resulting from a violation of section 1128B of the Social Security Act, 42 U.S.C. 1320a–7b, or section 41 of chapter 118E; (5) has possession, custody or control of property or money used, or to be used, by the commonwealth or a political subdivision thereof and knowingly delivers, or causes to be delivered, to the commonwealth or a political subdivision thereof less than all of that property or money; (6) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the commonwealth or a political subdivision thereof and, with the intent of defrauding the commonwealth or a political subdivision thereof, makes or delivers the receipt without completely knowing that the information on the receipt is true; (7) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the commonwealth or a political subdivision thereof, who may not lawfully sell or pledge such property; (8) enters into an agreement, contract or understanding with an official of the commonwealth or a political subdivision thereof knowing the information contained therein is false; (9) knowingly makes, uses or causes to be made or used a false record or statement material to an obligation to pay or to transmit money or property to the commonwealth or a political subdivision thereof, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the commonwealth or a political subdivision thereof; (10) is a beneficiary of an inadvertent submission of a false claim to the commonwealth or a political subdivision thereof, or is a beneficiary of an overpayment from the commonwealth or a political subdivision thereof, and who subsequently discovers the falsity of the claim or the receipt of overpayment and fails to disclose the false claim or receipt of overpayment to the commonwealth or a political subdivision by the later of: (i) the date which is 60 days after the date on which the false claim or receipt of overpayment was identified; or (ii) the date any corresponding cost report is due, if applicable; or (11) has an ownership or investment interest in any person who violates clauses (1) through (10), knows about the violation, and fails to disclose the violation to the commonwealth or a political subdivision thereof within 60 days of identifying the violation, shall be liable to the commonwealth or political subdivision for a civil penalty of not less than $5,500 and not more than $11,000 per violation, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101–410 section 5, 104 Stat. 891, note following 28 U.S.C. section 2461, plus 3 times the amount of damages, including consequential damages, that the commonwealth or a political subdivision thereof sustains because of such violation. A person violating sections 5B to 5O, inclusive, shall also be liable to the commonwealth or a political subdivision thereof for the expenses of the civil action brought to recover any such penalty or damages including, without limitation, reasonable attorneys' fees, reasonable expert fees and the costs of investigation, as set forth below. Costs recoverable under said sections 5B to 5O, inclusive, shall also include the costs of any review or investigation undertaken by the attorney general, or by the state auditor or the inspector general in cooperation with the attorney general. (b) Notwithstanding subsection (a), if the court finds that: (1) the person committing the violation of subsection (a) furnished an official of the office of the attorney general responsible for investigating a false claims law violation with all the information known to such person about the violation within 30 days after the date on which the person first obtained the information; (2) such person fully cooperated with any commonwealth investigation of such violation; and (3) at the time such person furnished the commonwealth with the information about the violation, no civil action or administrative action had commenced under sections 5B to 5O, inclusive, or no criminal prosecution had commenced with respect to such violation, and such person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not less than 2 times the amount of damages, including consequential damages, that the commonwealth or a political subdivision thereof sustains because of the act of that person. (c) A corporation, partnership or other person shall be liable to the commonwealth under sections 5B to 5O, inclusive, for the acts of its agent where the agent acted with apparent authority, regardless of whether the agent acted, in whole or in part, to benefit the principal and regardless of whether the principal adopted or ratified the agent's claims, representation, statement or other action or conduct. (d) Sections 5B to 5O, inclusive, shall not apply to claims, records or statements made or presented to establish, limit, reduce or evade liability for the payment of tax to the commonwealth or other governmental authority. (e) A person who has engaged in conduct described in subsection (a) prior to payment shall only be entitled to payment from the commonwealth of the actual amount due less the excess amount falsely or fraudulently claimed.

M.G.L. c. 12, § 5C Violations under Secs. 5B to 5O; investigation by attorney general; relators; civil actions

c. 12, § 5C. Violations under Secs. 5B to 5O; investigation by attorney general; relators; civil actions Section 5C. (1) The attorney general shall investigate violations under sections 5B to 5O, inclusive, involving state funds or funds from any political subdivision. If the attorney general finds that a person has violated or is violating said sections 5B to 5O, inclusive, the attorney general may bring a civil action in superior court against the person. (2) An individual, hereafter referred to as relator, may bring a civil action in superior court for a violation of said sections 5B to 5O, inclusive, on behalf of the relator and the commonwealth or any political subdivision thereof. The action shall be brought in the name of the commonwealth or the political subdivision thereof. The action may be dismissed only if the attorney general gives written reasons for consenting to the dismissal and the court approves the dismissal. Notwithstanding any general or special law to the contrary, it shall not be a cause for dismissal or a basis for a defense that the relator could have brought another action based on the same or similar facts under any other law or administrative proceeding. (3) When a relator brings an action under said sections 5B to 5O, inclusive, a copy of the complaint and written disclosure of substantially all material evidence and information the relator possesses shall be served on the attorney general pursuant to Rule 4(d) (3) of the Massachusetts Rules of Civil Procedure. The complaint shall be filed under seal and shall remain so for 120 days after service upon the attorney general. Notwithstanding any other general or special law or procedural rule to the contrary, service on the defendant shall not be required until the period provided in paragraph (5). The attorney general may, for good cause shown, ask the court for extensions during which the complaint shall remain under seal. Any such motions may be supported by affidavits or other submissions under seal. The attorney general may elect to intervene and proceed with the action on behalf of the commonwealth or political subdivision within the 120–day period or during any extension, after the attorney general receives both the complaint and the material evidence and information. Any information or documents furnished by the relator to the attorney general in connection with an action or investigation under said sections 5B to 5O, inclusive, shall be exempt from disclosure under section 10 of chapter 66. (4) Before the expiration of the initial 120 day period or any extensions obtained under paragraph (3), the attorney general shall; (i) assume control of the action, in which case the action shall be conducted by the attorney general; or (ii) notify the court that he declines to take over the action, in which case the relator shall have the right to conduct the action. (5) If the attorney general decides to proceed with the action, the complaint shall be unsealed and served promptly thereafter. The defendant shall not be required to respond to any complaint filed under said sections 5B to 5O, inclusive, until 20 days after the complaint is unsealed and served upon the defendant pursuant to rule 4 of the Massachusetts rules of civil procedure. (6) When a relator brings an action pursuant to this section, no person other than the attorney general may intervene or bring a related action based on the facts underlying the pending action. (7) With respect to any federal, state or local government that is named as a co-plaintiff with the commonwealth in an action brought pursuant to sections 5B to 5O, inclusive, a seal on the action ordered by the court under paragraph (3) shall not preclude the commonwealth or the relator from serving the complaint, any other pleadings or the written disclosure of substantially all material evidence and information possessed by the relator on the law enforcement authorities that are authorized under the law of that federal, state or local government to investigate and prosecute such actions on behalf of such governments, except that such seal shall apply to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.

M.G.L. c. 12, § 5D Prosecution by attorney general; relator's right to continue as party to action

c. 12, § 5D. Prosecution by attorney general; relator's right to continue as party to action Section 5D. (1) If the attorney general proceeds with the action, he shall have primary responsibility for prosecuting the action, and shall not be bound by any act of the relator. The relator shall have the right to continue as a party to the action, subject to the limitations in sections 5B to 5O, inclusive. (2) The attorney general may dismiss the action notwithstanding the objections of the relator if the relator has been notified by the attorney general of the filing of the motion and the court has provided the relator with an opportunity for a hearing on the motion. Upon a showing of good cause, such hearing may be held in camera. (3) The attorney general may settle the action with the defendant notwithstanding the objections of the relator if the court determines, after a hearing, that the proposed settlement is fair, adequate and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (4) Upon a showing by the attorney general that unrestricted participation during the course of the litigation by the relator initiating the action would interfere with or unduly delay the attorney general's prosecution of the case, or would be repetitious, irrelevant or for purposes of harassment, the court may, in its discretion, impose limitations on the relator's participation, including but not limited to: (i) limiting the number of witnesses the relator may call; (ii) limiting the length of the testimony of such witnesses; (iii) limiting the relator's cross examination of witnesses; or (iv) otherwise limiting the participation by the relator in the litigation. (5) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the relator would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the relator in the litigation. (6) If the attorney general elects not to proceed with the action, the relator who initiated the action shall have the right to conduct the action. If the attorney general so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the attorney general's expense. When a relator proceeds with the action, the court, without limiting the status and rights of the relator initiating the action, may nevertheless permit the attorney general to intervene at a later date upon a showing of good cause. (7) Whether or not the attorney general proceeds with the action, upon a showing by the attorney general that certain acts of discovery by the relator initiating the action would interfere with the attorney general's investigation or prosecution of a criminal or civil matter arising out of the same or similar facts, the court may stay such discovery for a period of not more than 60 days. Such showing by the attorney general shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera that the attorney general has pursued the criminal or civil investigation or proceedings with reasonable diligence and may stay any proposed discovery in the civil action that will interfere with the ongoing criminal or civil investigations or proceedings.

M.G.L. c. 12, § 5E Alternate remedies available to determine civil penalty

c. 12, § 5E. Alternate remedies available to determine civil penalty Section 5E. Notwithstanding the provisions of section 5C, the attorney general may elect to pursue its claim through any alternate remedy available to the attorney general, including any administrative proceeding, to determine a civil penalty. If any such alternate remedy is pursued in another proceeding, a relator shall have the same rights in such proceeding as said relator would have had if the action had continued under said section 5C. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to an action under sections 5B to 5O, inclusive. For purposes of this section, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the commonwealth, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.

M.G.L. c. 12, § 5F Payments to relators; limitations

c. 12, § 5F. Payments to relators; limitations Section 5F. (1) If the attorney general proceeds with an action brought by a relator pursuant to section 5C, the relator shall receive at least 15 per cent but not more than 25 per cent of the proceeds recovered and collected in the action or in settlement of the claim depending upon the extent to which the relator substantially contributed to the prosecution of the action. (2) Where the action is one which the court finds to be based primarily on disclosures of specific information, other than information provided by the relator, relating to allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, auditor or inspector general hearing, audit, or investigation; or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 per cent of the proceeds, taking into account the significance of the information and the role of the relator bringing the action in advancing the case to litigation. (3) Any payment to a relator pursuant to this section shall be made only from the proceeds recovered and collected in the action or in settlement of the claim. Any such relator shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, including reasonable attorney's fees and costs. All such expenses, fees and costs shall be awarded against the defendant. (4) If the attorney general does not proceed with an action pursuant to section 5C, the relator bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages on behalf of the commonwealth or any political subdivision thereof. The amount shall be not less than 25 per cent nor more than 30 per cent of the proceeds recovered and collected in the action or settlement of the claim, and shall be paid out of such proceeds. The relator shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, including reasonable attorney's fees and costs. All such expenses, fees and costs shall be awarded against the defendant. (5) Whether or not the attorney general proceeds with the action, if the court finds that the action was brought by a relator who planned and initiated the violation of sections 5B to 5O, inclusive, upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce or eliminate the share of the proceeds of the action which the relator would otherwise receive pursuant to this section, taking into account the role of the relator in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the relator bringing the action is convicted of criminal conduct arising from his role in the violation of this section, the relator shall be dismissed from the civil action and shall not receive any share of the proceeds of the action. Such dismissal shall not prejudice the right of the attorney general to continue the action.

M.G.L. c. 12, § 5G Actions brought against governor, lieutenant governor, attorney general, treasurer, secretary of state, etc.; jurisdiction

c. 12, § 5G. Actions brought against governor, lieutenant governor, attorney general, treasurer, secretary of state, etc.; jurisdiction Section 5G. (a) No court shall have jurisdiction over an action brought pursuant to section 5C against the governor, the lieutenant governor, the attorney general, the treasurer, the secretary of state, the auditor, a member of the general court, the inspector general or a member of the judiciary, if the action is based on evidence or information known to the commonwealth when the action was brought. (b) An individual may not bring an action pursuant to paragraph (2) of said section 5C that is based upon allegations or transactions which are the subject of a civil suit or an administrative proceeding in which the commonwealth or any political subdivision thereof is already a party. (c) The court shall dismiss an action or claim pursuant to sections 5B to 5O, inclusive, unless opposed by the commonwealth or any political subdivision thereof, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed: (1) in a Massachusetts criminal, civil or administrative hearing in which the commonwealth is a party; (2) in a Massachusetts legislative, administrative, auditor's or inspector general's report, hearing, audit or investigation; or (3) from the news media, unless the action is brought by the attorney general, or the relator is an original source of the information.

M.G.L. c. 12, § 5H Money recovered by commonwealth; false claims prosecution fund

c. 12, § 5H. Money recovered by commonwealth; false claims prosecution fund Section 5H. (1) All money recovered by the commonwealth, as a result of actions brought by the attorney general or a person pursuant to sections 5B to 5O, inclusive, other than costs and attorney's fees awarded pursuant to paragraph (2), shall be credited by the state treasurer to the False Claims Prosecution Fund, established by section 2YY of chapter 29. (2) Costs and attorney's fees awarded to a relator by final judicial order in an action under this section shall be paid directly by the defendant to the relator.

M.G.L. c. 12, § 5I Awards of attorney general fees and expenses; awards of costs and attorney fees against relators; liability

c. 12, § 5I. Awards of attorney general fees and expenses; awards of costs and attorney fees against relators; liability Section 5I. (1) If the attorney general initiates an action or assumes control of an action brought by a person pursuant to sections 5B to 5O, inclusive, the attorney general shall be awarded his reasonable attorney's fees and expenses incurred in the litigation, including costs, if he prevails in the action. (2) If the attorney general does not proceed with an action pursuant to sections 5B to 5O, inclusive, and the defendant is the prevailing party, the court may award the defendant reasonable attorneys' fees and costs against the relator upon a written finding that such action was pursued in bad faith or was wholly insubstantial, frivolous, and advanced for the purpose of causing the defendant undue burden, unnecessary expense or harassment. (3) No liability shall be incurred by the commonwealth, the affected agency or the attorney general for any expenses, attorney's fees or other costs incurred by any person in bringing or defending an action under said sections 5B to 5O, inclusive.

M.G.L. c. 12, § 5J Employers preventing employees from acting to further false claim actions; liability

c. 12, § 5J. Employers preventing employees from acting to further false claim actions; liability Section 5J. (1) No employer shall make, adopt or enforce any rule, regulation or policy preventing an employee, contractor or agent from disclosing information to a government or law enforcement agency or from acting to further efforts to stop 1 or more violations of sections 5B to 5O, inclusive. No employer shall require as a condition of employment, during the term of employment or at the termination of employment that any employee, contractor or agent agree to, accept or sign an agreement that limits or denies the rights of such employee, contractor or agent to bring an action or provide information to a government or law enforcement agency pursuant to said sections 5B to 5O, inclusive. Any such agreement shall be void. (2) An employee, contractor or agent shall be entitled to all relief necessary to make that employee, contractor or agent whole if that employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or a person associated with the employee, contractor or agent in furtherance of an action under sections 5B to 5O, inclusive, or other efforts to stop a violation of said sections 5B to 5O, inclusive. (3) Notwithstanding any general or special law to the contrary, relief under paragraph (2) shall include reinstatement with the same seniority status the employee, contractor or agent would have had but for the discrimination, twice the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination. In addition, the defendant shall be required to pay litigation costs and reasonable attorneys' fees. An employee, contractor or agent may bring an action in the appropriate superior court, the superior court of the county of Suffolk or any other appropriate court for the relief provided in this section. (4) A civil action under this section may not be brought more than 3 years after the date when the violation of this section occurred.

M.G.L. c. 12, § 5K Limitation of actions; intervention by attorney general; final judgments in criminal proceedings

c. 12, § 5K. Limitation of actions; intervention by attorney general; final judgments in criminal proceedings Section 5K. (1) A civil action pursuant to sections 5B to 5O, inclusive, for a violation of section 5B may not be brought (i) more than six years after the date on which the violation occurred; or (ii) more than three years after the date when facts material to the right of action are known or reasonably should have been known by the official within the office of the attorney general charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed, whichever occurs last. A civil action pursuant to sections 5B to 5O, inclusive, may be brought for acts or omissions that occurred prior to the effective date of this section, subject to the limitations period set forth in this section. (2) If the attorney general elects to intervene and proceed with an action brought pursuant to sections 5B to 5O, inclusive, for a violation of section 5B, the attorney general may file a complaint or amend the complaint of a person who has brought an action pursuant to said sections 5B to 5O, inclusive, to clarify or add detail to the claims in which the attorney general is intervening and to add any additional claims with respect to which the commonwealth or a political subdivision thereof contends it is entitled to relief. For statute of limitations purposes, any such pleading shall relate back to the filing date of the complaint of the person who originally-brought the action, to the extent that the claim of the attorney general arises out of the conduct, transactions or occurrences set forth, or attempted to be set forth, in the prior complaint of that person. (3) Notwithstanding any other general or special law, rule of procedure or rule of evidence to the contrary, a final judgment rendered in favor of the commonwealth in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same act, transaction or occurrence as in the criminal proceedings and which is brought under section 5B.

M.G.L. c. 12, § 5L Preponderance of the evidence standard

c. 12, § 5L. Preponderance of the evidence standard Section 5L. In any action brought pursuant to sections 5B to 5O, inclusive, the party bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

M.G.L. c. 12, § 5M Rules, regulations or guidelines; attorney general

c. 12, § 5M. Rules, regulations or guidelines; attorney general Section 5M. The attorney general may promulgate any rules, regulations or guidelines that, in the attorney general's judgment, are necessary and appropriate to the effective administration of this chapter.

M.G.L. c. 12, § 5N Civil investigative demands; attorney general

c. 12, § 5N. Civil investigative demands; attorney general Section 5N. (1) Notwithstanding any general or special law, procedural rule or regulation to the contrary, whenever the attorney general or a designee has reason to believe that a person may be in possession, custody or control of documentary material or information relevant to a false claims law investigation, the attorney general or a designee may, before commencing a civil action under paragraph (1) of section 5C or other false claims law, or making an election to intervene under paragraph (3) of said section 5C, issue in writing and cause to be served upon such person, a civil investigative demand requiring such person to: (i) produce such documentary material for inspection and copying; (ii) answer written interrogatories, in writing and under oath; (iii) give oral testimony under oath; or (iv) furnish any combination of such material, answers or testimony. The attorney general may delegate to an assistant attorney general the authority to issue civil investigative demands under this section. (2) Service of a demand pursuant to paragraph (1) may be made by: (i) delivering a copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (ii) delivering a copy thereof to the principal place of business or the last and usual place of abode in the commonwealth of the person to be served; or (iii) mailing by registered or certified mail a copy thereof addressed to the person to be served at the person's last and usual place of abode, the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to the person's principal office or place of business. (3) Each such demand requesting documentary material or oral testimony shall (i) state the time and place of the taking of testimony or the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs; (ii) state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation, and the applicable provision of law alleged to be violated; (iii) describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; (iv) prescribe a return date within which the documentary material is to be produced; (v) identify the members of the attorney general's staff to whom such documentary material is to be made available for inspection and copying; and (vi) if such demand is for the giving of oral testimony, notify the person receiving the demand of the right to be accompanied by an attorney and any other representative, prescribe a date, time and place at which oral testimony shall be commenced, identify the assistant attorney general who shall conduct the examination and to whom the transcript of such examination shall be submitted, specify that such attendance and testimony are necessary to the conduct of the investigation, and describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. Notice of the time and place of taking oral testimony shall be given by the attorney general at least ten days prior to the date of such taking of testimony or examination, unless the attorney general or an assistant attorney general designated by the attorney general determines that exceptional circumstances are present which warrant such taking of testimony within a lesser period of time. (4) The oral examination of all persons pursuant to sections 5B to 5O, inclusive, shall be conducted before a person duly authorized to administer oaths by the law of the commonwealth. Rule 30(e) of the Massachusetts Rules of Civil Procedure shall be applicable to oral examinations conducted pursuant to said sections 5B to 5O, inclusive. (5) Any person compelled to appear for oral testimony under a civil investigative demand issued under said sections 5B to 5O may be accompanied, represented and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and may not directly or through counsel otherwise interrupt the oral examination. If such person refuses to answer any question, a motion may be filed for an order compelling such person to answer such question. (6) The production of documentary material in response to a civil investigative demand served under sections 5B to 5O, inclusive, shall be made under a sworn certificate, in such form as the demand designates, by (i) in the case of a natural person, the person to whom the demand is directed, or (ii) in the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person. The certificate shall state that all of the documentary material required by the demand and in the possession, custody or control of the person to whom the demand is directed has been produced and made available to the members of the attorney general's staff identified in the demand. (7) Each written interrogatory served under sections 5B to 5O, inclusive, shall be answered separately and fully in writing under the penalties of perjury. The person upon whom the interrogatories have been served shall serve the answers and objections, if any, upon the attorney general within 14 days after service of the interrogatories. (8) Any documentary material or other information produced by a person pursuant to sections 5B to 5O, inclusive, shall not, unless otherwise ordered by a justice of the superior court for good cause shown, be disclosed to any other person other than the authorized agent or representative of the attorney general and any officer or employee of the commonwealth who is working under their direct supervision with respect to the false claims law investigation, unless with the consent of the person producing the same, except that any information obtained by the attorney general under this section may be shared with any qui tam relator if the attorney general determines it is necessary as part of a false claims act investigation. Such documentary material or information may be disclosed by the attorney general in court proceedings or in papers filed in court. Nothing in this section shall preclude the attorney general from disclosing information and evidence secured pursuant to said sections 5B to 5O, inclusive, to officials of the United States, other states, the commonwealth or any political subdivision thereof charged with the responsibility for enforcement of federal, state or local laws respecting fraud or false claims upon federal, state or local governments. Prior to any such disclosure, the attorney general shall obtain a written agreement from such officials to abide by the restrictions of this section. (9) At any time prior to the date specified in the civil investigative demand, or within 21 days after the demand has been served, whichever period is shorter, the court may, upon motion for good cause shown, extend such reporting date or modify or set aside such demand or grant a protective order in accordance with the standards set forth in Rule 26(c) of the Massachusetts Rules of Civil Procedure. The motion may be filed in the superior court of the county in which the person served resides or has his usual place of business, or in Suffolk county. (10) Whenever any person fails to comply with any civil investigative demand issued under sections 5B to 5O, inclusive, the attorney general may file, in the superior court of the county in which such person resides, is found, or transacts business, a motion for the enforcement of the civil investigative demand. The Massachusetts Rules of Civil Procedure shall apply to any such motion. Any final order entered pursuant to such petition may also include the assessment of a civil penalty of not more than $5,000 for each act or instance of noncompliance. (11) All such information and documentary materials as are obtained by the attorney general pursuant to sections 5B to 5O, inclusive, shall not be public records and are exempt from disclosure under section 10 of chapter 66 or any other law. (12) For purposes of sections 5B to 5O, inclusive, ''documentary material'' shall include the original or any copy of any book, record, report, memorandum, paper, communication, tabulation, chart or other document or graphic representation, or data stored in or accessible through a computer or other information retrieval systems, together with instructions and all other materials necessary to use or interpret such data. (13) Nothing in sections 5B to 5O, inclusive, shall be construed to authorize the attorney general to compel the production of information or documents from the state auditor or from the inspector general, unless otherwise authorized by law. Nothing in this chapter shall bar the attorney general from referring matters or disclosing information or documents to the state auditor or to the inspector general for purposes or any review or investigation they may deem appropriate.

M.G.L. c. 12, § 5O Agency reporting requirements

c. 12, § 5O. Agency reporting requirements Section 5O. Nothing in sections 5B to 5M, inclusive, shall be construed to relieve an agency of its reporting requirements regarding matters within that agency under chapter 647 of the acts of 1989.

M.G.L. c. 12, § 6 Consultation with and giving of advice and assistance to district attorneys

c. 12, § 6. Consultation with and giving of advice and assistance to district attorneys Section 6. He shall consult with and advise district attorneys in matters relating to their duties; and, if in his judgment the public interest so requires, he shall assist them by attending the grand jury in the examination of a case in which the accused is charged with a capital crime, and appear for the commonwealth in the trial of indictments for capital crimes. He shall also consult with and advise district attorneys in all civil actions brought pursuant to chapter two hundred and fifty-eight, and may assist them in the defense of such actions.

M.G.L. c. 12, § 6A Conferences of district attorneys and other officials; notification as to new laws

c. 12, § 6A. Conferences of district attorneys and other officials; notification as to new laws Section 6A. He may from time to time, and as often as occasion may require, call into conference the district attorneys, the sheriffs of the several counties and the chiefs of police of the several cities and towns, or such of them as he may deem advisable, for the purpose of discussing the duties of their respective offices with a view to the uniform and adequate enforcement of the laws of the commonwealth. He shall, as soon as convenient after the end of each legislative session, notify the sheriffs of the several counties and the chiefs of police of the several cities and towns of all laws enacted during such session which it is their duty to enforce. Such notice shall include a list by chapter number and title of each law so enacted.

M.G.L. c. 12, § 7 Persons intruding on land, property or rights of commonwealth; prosecution

c. 12, § 7. Persons intruding on land, property or rights of commonwealth; prosecution Section 7. He may, if in his judgment the public interest so requires, prosecute informations or other processes against persons who intrude on the land, rights or property of the commonwealth, or commit or erect a nuisance thereon.

M.G.L. c. 12, § 8 Due application of charity funds enforced

c. 12, § 8. Due application of charity funds enforced Section 8. The attorney general shall enforce the due application of funds given or appropriated to public charities within the commonwealth and prevent breaches of trust in the administration thereof.

M.G.L. c. 12, § 8A Definitions applicable to Secs. 8A to 8M

c. 12, § 8A. Definitions applicable to Secs. 8A to 8M Section 8A. As used in this section and in sections eight B to eight M, inclusive, the following words and phrases shall, unless a different meaning is plainly required by the context, have the following meanings:— ''Director'', the director of public charities appointed pursuant to the provisions of section eight C. ''Division'', the division of public charities established under section eight B.

M.G.L. c. 12, § 8B Division of public charities; duties

c. 12, § 8B. Division of public charities; duties Section 8B. There shall be in the department of the attorney general a division of public charities which shall, under the direction and control of the attorney general, perform the duties imposed upon him by the provisions of section eight to eight M, inclusive.

M.G.L. c. 12, § 8C Director of public charities; designation

c. 12, § 8C. Director of public charities; designation Section 8C. The executive and administrative head of the division shall be an assistant attorney general designated by the attorney general to act as the director of public charities.

M.G.L. c. 12, § 8D Employees; appointment and removal

c. 12, § 8D. Employees; appointment and removal Section 8D. The director may appoint and remove, subject to the approval of the attorney general, such accounting, investment, clerical and other experts and assistants as the work of the division may require.

M.G.L. c. 12, § 8E Charitable corporations; registration by filing of information; exceptions; penalties; enforcement

c. 12, § 8E. Charitable corporations; registration by filing of information; exceptions; penalties; enforcement Section 8E. (a) A public charity established, organized or chartered under the laws of the commonwealth or under the laws of any other state shall, before engaging in charitable work or raising funds in the commonwealth, register with the division by filing a copy of its charter, articles of organization, agreement of association or instrument of trust, a true copy of its constitution and by-laws and a one-time initial registration fee of $100, together with such other information as the director may require. A public charity registered with the division shall also file with the division any amendments to its charter, articles of organization, agreement of association, instrument of trust or constitution, within 30 days after adoption. This section shall not apply to the following public charities: the American National Red Cross; the Grand Army of the Republic; American Veterans of World War II, Korea and Vietnam; Vietnam Veterans of America; AMVETS; the United Spanish War Veterans; the American Legion; the disabled American Veterans of the World War; Military Order of the Purple Heart; the Paralyzed Veterans of America; the Veterans of World War I of the U.S.A.; Department of Massachusetts, Marine Corps League, Inc.; and the Veterans of Foreign Wars of the United States. (b) If a public charity fails to comply with the requirements of this section, the director shall notify the delinquent public charity, or any responsible officer or agent of the public charity, by mailing a notice thereof by United States certified or registered mail, or by any other courier or service found by the director to be sufficiently reliable to generate written documentation of mailing, to its last known address or that of any such responsible officer or agent. The notice mailed by the director shall be considered sufficient notice, and a certificate of the person mailing the notice that it has been mailed in accordance with this section, together with a post office, courier or service receipt of the mailing, shall be considered prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. Refusal of delivery shall not be a defense to the receipt of the notice. (c) If a complete registration is not filed within 30 days of the day the notice is mailed, the director may assess a civil penalty against the public charity unless the failure to register is for good cause. Notice of the assessment of the penalty shall be mailed to the public charity or responsible officer or agent in the manner provided above for the initial notice. The civil penalty shall be in an amount of up to $50 per day for each day subsequent to the end of such 30 day period until a complete registration is filed; provided, however, that the maximum aggregate penalty for failure to register shall not be greater than $10,000. (d) A public charity aggrieved by the imposition of a civil penalty pursuant to this section may bring a civil action in the nature of certiorari under section 4 of chapter 249; provided, however, that the action shall be commenced within 60 days of the date of the notice of the civil penalty. If a public charity fails to pay the civil penalty provided herein, the attorney general may initiate a civil action in the superior court to enforce the penalty or to obtain any other relief so required. The action by the attorney general may be initiated, if no action is commenced under section 4 of chapter 249, upon the expiration of the 60 day period to bring such action or, if an action is commenced under said section 4 of said chapter 249, the issuance of a final judicial determination thereon. (e) The penalty that may be imposed on the public charity as provided in this section may be assessed against a responsible officer or agent of the public charity, upon a finding by the director that the responsible officer or agent has the authority to cause the public charity to comply with the registration requirements of this section but has neglected or refused to do so after notice and demand. The president and treasurer of the public charity, and any person authorized in its by-laws, operating agreement, articles of organization, charter, organizational documents or by resolution of its board of trustees or directors to sign documents or filings on behalf of the public charity, shall be rebuttably presumed to have the authority to cause the public charity to comply with the registration requirements of this section. (f) Before the assessment, the director shall provide the responsible officer or agent with notice of the director's intention to find that person to be a responsible officer or agent and to assess that person the penalties provided for in this section. Notice shall be mailed by United States certified or registered mail, or by any other courier or service found by the director to be sufficiently reliable to generate written documentation of mailing, to the last known address of the person as set forth in any filing made by the public charity or shown in its records, or as otherwise determined by the director. The notice shall be considered a sufficient notice of the division's intention to assess the penalties and a certificate of the person mailing the notice that it has been mailed in accordance with this section, together with a post office, courier or service receipt of such mailing, shall be considered prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. Refusal of delivery of the mailing shall not be a defense to the receipt of the notice. (g) A person served with notice under clause (f) may, within 60 days from the date of the notice, request an opportunity to be heard by the division to present reasons why he should not be determined to be a responsible officer or agent within the meaning of this section. Upon a finding by the division that the person is a responsible officer or agent and has failed, without good cause, to cause the public charity to comply with the registration requirements of this section, a civil penalty that may be assessed against the public charity may, in the alternative, be assessed against that person and that person shall not be entitled to indemnification or reimbursement by or from the public charity for the civil penalty. (h) A person aggrieved by the imposition of a civil penalty under this section may bring a civil action in the nature of certiorari under section 4 of chapter 249; provided, however, that the action shall be commenced within 60 days of the date of the notice of the civil penalty. If a person fails to pay the civil penalty provided herein, the attorney general may initiate a civil action in the superior court to enforce such penalty or to obtain any other relief so required. The action by the attorney general may be initiated, if no action is commenced under section 4 of chapter 249, upon the expiration of the 60 day period to bring such action or, if an action is commenced under said section 4 of said chapter 249, the issuance of a final judicial determination thereon.

M.G.L. c. 12, § 8F Annual reports of public charities; financial statements; fees; penalties; enforcement

c. 12, § 8F. Annual reports of public charities; financial statements; fees; penalties; enforcement Section 8F. The trustee or trustees or the governing board of every public charity shall annually, at a time to be determined by the director, file with the division a written report for its last preceding fiscal year. Such report shall be filed on forms prescribed by the director and shall contain such financial and other information as the director may require. A public charity which is required by law to file accounts in a probate court of the commonwealth may file a copy of such account for any year with the division in lieu of the annual report, but each such public charity shall supply to the director, upon request, such additional information as the director may require. A public charity, other than one which files its annual probate account with the division in lieu of the annual report, which received more than $500,000 in gross support and revenue during the fiscal year covered by its report must submit a complete audited financial statement together with its annual report. For purposes of this section, gross support and revenue shall not include any gains or losses from the sale of a capital asset. The audited financial statement shall be prepared in accordance with such generally accepted accounting principles and reporting practices as may from time to time be prescribed by the American Institute of Certified Public Accountants, or its successor organization, and shall be examined by an independent certified public accountant in accordance with generally accepted auditing standards for the purpose of expressing an opinion thereon. A public charity which received not more than $1,000,000 in gross support and revenue during the fiscal year covered by its report may in lieu of an audited financial statement submit a financial statement accompanied by an independent certified public accountant's review report as that report is defined by the American Institute of Certified Public Accountants. The director may, by regulation, exempt certain types or classes of organizations from the audit or review report requirement or from completing any portions of the annual report if the director determines that such exemption would be in the public interest. The annual reports and any other documents prescribed by the director shall be signed by an authorized officer of the public charity and shall be verified under oath. For each report, a filing fee shall be paid to the division at the time of the filing in the following amount, based on the gross support and revenue received during the fiscal year covered by the report, as follows: (a) thirty-five dollars, if not more than one hundred thousand dollars; (b) seventy dollars, if more than one hundred thousand dollars but not more than two hundred and fifty thousand dollars; (c) one hundred and twenty-five dollars, if more than two hundred and fifty thousand dollars but not more than five hundred thousand dollars; (d) two hundred and fifty dollars, if more than five hundred thousand dollars but not more than $1,000,000; (e) $500, if more than $1,000,000 but not more than $10,000,000; (f) $1,000, if more than $10,000,000 but not more than $100,000,000; (g) $2,000, if more than $100,000,000. In the event that any public charity shall fail to file a report required hereunder, the division may bring an action to restrain the charity from transacting any business in the commonwealth or may take such other action as may be appropriate to compel compliance with the provisions of this section. This section shall not apply to any property held for any religious purpose by any public charity, incorporated or unincorporated. If a public charity fails to file a written report for any year, the director shall notify the delinquent public charity, or the responsible officer or agent of the public charity, by mailing a notice thereof by United States certified or registered mail, or by any other courier or service found by the director to be sufficiently reliable to generate written documentation of mailing, to its last known address or that of the responsible officer or agent. The notice mailed by the director shall be considered a sufficient notice, and a certificate of the person mailing the notice that it has been mailed in accordance with this section, together with a post office, courier or service receipt of the mailing, shall be considered prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. Refusal of delivery of the mailing shall not be a defense to the receipt of the notice. If a complete report is not filed within 30 days of the day the notice is mailed, the director may assess a civil penalty against the public charity unless the failure to file is for good cause. Notice of the assessment of the penalty shall be mailed to the public charity or responsible officer or agent in the manner provided above for the initial notice. The civil penalty shall be in an amount of up to $50 per day for each day subsequent to the end of the 30 day period until a complete report is filed; provided, however, that the maximum aggregate penalty assessed with respect to any report shall not be greater than $10,000. A public charity aggrieved by the imposition of a civil penalty under this section may bring a civil action in the nature of certiorari under section 4 of chapter 249; provided, however, that the action shall be commenced within 60 days of the date of the notice of the civil penalty. If a public charity fails to pay any civil penalty provided herein, the attorney general may initiate a civil action in the superior court to enforce the penalty or to obtain any other relief so required. The action by the attorney general may be initiated, if no action is commenced under section 4 of chapter 249, upon the expiration of the 60 day period to bring such action or, if an action is commenced under said section 4 of said chapter 249, the issuance of a final judicial determination thereon. The penalty that may be imposed on the public charity as provided herein may be assessed against a responsible officer or agent of the public charity upon a finding by the director that the responsible officer or agent has the authority to cause the public charity to comply with the requirements of this section but has neglected or refused to do so after notice and demand. The president and treasurer of the public charity, and any person authorized in its by-laws, operating agreement, articles of organization, charter, organizational documents or by resolution of its board of trustees or directors to sign documents or filings on behalf of the public charity, shall be rebuttably presumed to have the authority to cause the public charity to comply with the requirements of this section. Before the assessment, the director shall provide the responsible officer or agent with notice of the director's intention to find the person to be a responsible officer or agent and to assess that person the penalties provided for hereunder. Notice shall be delivered by United States certified or registered mail or by any other courier or service found by the director to be sufficiently reliable to generate written documentation of mailing, to the last known address of the person as set forth in any filing made by the public charity or shown in its records, or as otherwise determined by the director. The notice shall be considered a sufficient notice of the division's intention to assess the penalties and a certificate of the person mailing the notice that it has been mailed in accordance with this section, together with a post office, service or courier receipt of the mailing, shall be considered prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. Refusal of delivery of that mailing shall not be a defense to the receipt of the notice. The person may, within 60 days from the date of the notice, request an opportunity to be heard by the division to present reasons why he should not be determined to be a responsible officer or agent within the meaning of this section. Upon a finding by the division that the person is a responsible officer or agent and has failed, without good cause, to cause the public charity to comply with the filing requirements of this section, a civil penalty that may be assessed against the public charity may, in the alternative, be assessed against that person and that person shall not be entitled to indemnification or reimbursement by or from the public charity for the civil penalty. A person aggrieved by the imposition of a civil penalty under this section may bring a civil action in the nature of certiorari under section 4 of chapter 249; provided, however, that the action shall be commenced within 60 days of the date of the notice of the civil penalty. If a person fails to pay the civil penalty provided herein, the attorney general may initiate a civil action in the superior court to enforce the penalty or to obtain any other relief so required. The action by the attorney general may be initiated, if no action is commenced under section 4 of chapter 249, upon the expiration of the 60 day period to bring the action or, if an action is commenced under said section 4 of said chapter 249, the issuance of a final judicial determination thereon. A public charity, or an officer or agent of a public charity, who willfully makes, executes or files a report false in any material representation shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 1 year, or by both such fine and imprisonment.

M.G.L. c. 12, § 8G Attorney general as a party; service

c. 12, § 8G. Attorney general as a party; service Section 8G. The attorney general shall be made a party to all judicial proceedings in which he may be interested in the performance of his duties under the provisions of sections eight to eight M, inclusive, and service upon or notice to the director in any such proceeding shall be deemed sufficient service upon or notice to the attorney general.

M.G.L. c. 12, § 8H Investigations by attorney general

c. 12, § 8H. Investigations by attorney general Section 8H. (1) The attorney general, whenever he believes that charitable funds have not been or are not being applied to charitable purposes or that breaches of trust have been or are being committed in the administration of a public charity, may conduct an investigation upon application to and with the approval of a judge of the trial court. In conducting such investigation the attorney general may: (a) take testimony under oath; (b) examine or cause to be examined any documentary material of whatever nature relevant to such alleged misapplication of charitable funds or breach of trust; and (c) require attendance during such examination of documentary material of any person having knowledge of the documentary material and take testimony under oath or acknowledgment in respect of any such documentary material. Such testimony and examination shall take place in the county where such person resides or has a place of business or, if the parties consent or such person is a non-resident or has no place of business within the commonwealth, in Suffolk county. (2) Notice of the time, place and cause of such taking of testimony, examination or attendance shall be given by the attorney general at least ten days prior to the date of such taking of testimony or examination. (3) Service of any such notice may be made by (a) delivering a duly executed copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (b) delivering a duly executed copy thereof to the principal place of business in the commonwealth of the person to be served; or (c) mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to his principal office or place of business. (4) Each such notice shall: (a) state the time and place for the taking of testimony or the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs; (b) state the statute and section thereof, if any, the alleged violation of which is under investigation and state the general subject matter of the investigation; (c) describe the class or classes of documentary material to be produced thereunder with reasonable specificity, so as fairly to indicate the material demanded; (d) prescribe a return date within which the documentary material is to be produced; and (e) identify the members of the attorney general's staff to whom such documentary material is to be made available for inspection and copying. (5) No such notice shall contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the commonwealth; or require the disclosure of any documentary material which would be privileged or which for any other reason would not be required by a subpoena duces tecum issued by a court of the commonwealth. (6) Any documentary material or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of the commonwealth for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general, unless with the consent of the person producing the same. (7) The superior court for the county of Suffolk or for any county in which any person served in accordance with this section resides or has his usual place of business may, at any time prior to the date specified in the notice, or within twenty-one days after the notice has been served, whichever period is shorter, upon motion for good cause shown, extend such reporting date or modify or set aside the notice provided for in this section. This section shall not be applicable to any criminal proceeding nor shall information obtained under the authority of this section be admissible in evidence in any criminal prosecution for substantially identical transactions.

M.G.L. c. 12, § 8I Compliance with investigations; enforcement; penalties

c. 12, § 8I. Compliance with investigations; enforcement; penalties Section 8I. A person upon whom a notice is served pursuant to the provisions of section eight H shall comply with the terms thereof unless otherwise provided by the order of a court of the commonwealth. Any person who fails to appear, or with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this chapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody or control of any person subject to any such notice, or knowingly conceals any relevant information, shall be assessed a civil penalty of not more than five thousand dollars. The attorney general may file in the superior court of the county in which such person resides or has his principal place of business, or in the superior court of Suffolk county if such person is a non-resident or has no principal place of business in the commonwealth, and serve upon such person, in the same manner as provided in section eight H, a petition for an order of such court for the enforcement of this section and section eight H. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.

M.G.L. c. 12, § 8J Rules and regulations

c. 12, § 8J. Rules and regulations Section 8J. The director shall from time to time formulate such reasonable rules and regulations as may be necessary to carry out the provisions of sections eight to eight M, inclusive, and such rules and regulations shall thereafter govern all such matters.

M.G.L. c. 12, § 8K Gift for public charitable purpose; presumed intention

c. 12, § 8K. Gift for public charitable purpose; presumed intention Section 8K. A gift made for a public charitable purpose shall be deemed to have been made with a general intention to devote the property to public charitable purposes, unless otherwise provided in a written instrument of gift.

M.G.L. c. 12, § 8L Fiscal records

c. 12, § 8L. Fiscal records Section 8L. Every public charity required to file written annual reports with the division pursuant to section eight F shall, in accordance with rules and regulations prescribed by the division, keep true fiscal records as to its activities within the commonwealth in such form as will enable it accurately to provide the information required by said section. Upon demand, such records shall be made available to the division for inspection. Such records shall be retained for a period of at least three years after the end of the period to which the annual report relates.

M.G.L. c. 12, § 8M Public records; inspection

c. 12, § 8M. Public records; inspection Section 8M. Except as otherwise provided in this chapter, all registration statements, annual reports and all other information required to be filed under sections eight to eight M, inclusive, or by the division, shall be public records in the office of the division and shall be open to the general public for inspection at such time and under such conditions as the division may prescribe.

M.G.L. c. 12, § 8N Fees, costs, penalties and other monies; general fund

c. 12, § 8N. Fees, costs, penalties and other monies; general fund Section 8N. All fees, attorneys fees, costs, civil penalties and other monies received by the commonwealth pursuant to sections eight through eight M or sections eighteen through thirty-five of chapter sixty-eight shall be credited by the state treasurer to the General Fund.

M.G.L. c. 12, § 9 Advice and aid to general court and committees

c. 12, § 9. Advice and aid to general court and committees Section 9. He shall, when required by either branch of the general court, attend during its sessions and give his aid and advice in the arrangement and preparation of legislative documents and business, and shall give his opinion upon questions of law submitted to him by the governor and council or by either branch of the general court. He, or some person designated by him, shall, when requested by a vote of a legislative committee, appear before such committee and advise it upon the legal effect of proposed legislation pending before it.

M.G.L. c. 12, § 10 Violations of court orders; restraint of trade; institution of investigations and appropriate actions

c. 12, § 10. Violations of court orders; restraint of trade; institution of investigations and appropriate actions Section 10. He shall take cognizance of all violations of law or of orders of courts, tribunals or commissions affecting the general welfare of the people, including combinations, agreements and unlawful practices in restraint of trade or for the suppression of competition, or for the undue enhancement of the price of articles or commodities in common use, and shall institute or cause to be instituted such criminal or civil proceedings before the appropriate state and federal courts, tribunals and commissions as he may deem to be for the public interest, and shall investigate all matters in which he has reason to believe that there have been such violations. Whenever it appears to the attorney general that the commonwealth or any city, town, or other governmental agency, body or authority established under the laws of the commonwealth has been so injured or damaged by any conspiracy, combination or agreement in restraint of trade or commerce or similar unlawful action, as to entitle the commonwealth, a city, town, or other such governmental agency, body or authority to a right to bring any action or proceeding for the recovery of damages under the provisions of any federal anti-trust or other similar law, the attorney general shall have authority to institute and prosecute any such actions or proceedings on behalf of the commonwealth or of any city, town, or other governmental agency, body or authority established under the laws of the commonwealth, and shall have authority to intervene on behalf of the commonwealth or of any city, town or other governmental agency, body or authority in such actions or proceedings. For the purposes of this section, he may appoint necessary assistants, with such compensation as, with the approval of the governor and council, he may fix, and may expend such sums as may be approved by the governor and council. In criminal proceedings hereunder he may require district attorneys to assist him and under his direction to act for him in their respective districts.

M.G.L. c. 12, § 11 Annual report of cases handled

c. 12, § 11. Annual report of cases handled Section 11. He shall make an annual report showing the number of cases tried, argued or conducted by him during the preceding fiscal year, with suggestions and recommendations as to the amendment and the proper and economical administration of the laws. He shall include in his annual report a statement of his acts under section nine, with suggestions and recommendations relative thereto. He may, with the approval of the governor and council, prepare and publish such reports of capital trials as he deems expedient for public use. One copy shall be sent to each public and law library in the commonwealth, and the balance may be sold, or otherwise disposed of, at the discretion of the state secretary.

M.G.L. c. 12, § 11A Division of civil rights and liberties

c. 12, § 11A. Division of civil rights and liberties Section 11A. There shall be in the department of the attorney general a division of civil rights and liberties. The attorney general shall designate an assistant attorney general as director of said division. Said director may appoint and remove, subject to the approval of the attorney general, such expert, clerical and other assistants as the work of the division may require.

M.G.L. c. 12, § 11B Board of commissioners on uniform state laws; obscene literature commission

c. 12, § 11B. Board of commissioners on uniform state laws; obscene literature commission Section 11B. The board of commissioners on uniform state laws and the obscene literature commission are hereby declared to be within the department of the attorney general; provided, that nothing herein shall be construed as diminishing the powers and duties conferred and imposed upon the foregoing agencies by any provision of law.

M.G.L. c. 12, § 11C Narcotic and harmful drugs; training program for law enforcement officers

c. 12, § 11C. Narcotic and harmful drugs; training program for law enforcement officers Section 11C. The attorney general shall establish a program designed to train law enforcement officials, including municipal, metropolitan and state police, in practices and procedures relating to the narcotic and harmful drug laws of the commonwealth. The program shall include, but shall not limited to, the dissemination of information concerning: (1) the laws of the commonwealth relating to the possession, sale, and manufacture of narcotic and harmful drugs; (2) the methods and procedures for detecting and ascertaining the identity of the various narcotic and harmful drugs; (3) law enforcement techniques, intelligence operations, and methods of promoting cooperation among the municipal, metropolitan, and state police departments; (4) search and seizure techniques in accordance with the Constitution of the United States and with the Constitution and laws of the commonwealth; (5) the physiological and psychological effects of the various narcotic and harmful drugs; (6) the underlying psychological and sociological causes of drug use and drug abuse; (7) opportunities for treatment and rehabilitation of drug dependent persons; and (8) educational programs relating to drugs sponsored by the department of education, other public agencies, and private organizations. The attorney general may appoint such expert, clerical and other staff members as the operation of the training program may require.

M.G.L. c. 12, § 11D Division of environmental protection

c. 12, § 11D. Division of environmental protection Section 11D. There shall be in the department of the attorney general a division of environmental protection. The attorney general shall designate an assistant attorney general as director of said division. Said director may appoint and remove, subject to the approval of the attorney general, such expert, clerical or other assistants as the work of the division may require. The attorney general shall have the authority to prevent or remedy damage to the environment caused by any person, body corporate or politic or any agency, department, board, commission, division or authority of the commonwealth or any political subdivision thereof at the request of an appropriate agency or on his own initiative, by commencing or intervening in a proceeding before an appropriate agency, department, board, commission, division or authority, whether state or federal, and before any political subdivision of the commonwealth, or by commencing or intervening in any suit or action, civil or criminal, to enforce any statute, ordinance, by-law or regulation or to secure any common law right or remedy including, but not limited to, the abatement of public nuisances, provided, however, it shall be a defense to any action taken pursuant to this section that any such person is subject to, and in compliance in good faith with, a judicially enforceable administrative pollution abatement schedule or implementation plan the purpose of which is alleviation of damage to the environment. Each agency, board, commission, division and authority of the commonwealth shall give written notice to the attorney general of all adjudicatory proceedings or public hearings in which damage to the environment is or may be at issue; provided, however, that failure to give such notice shall not invalidate such proceeding or public hearing. As used in this section, ''damage to the environment'' shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources in the commonwealth and shall include, but shall not be limited to, air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, or the impairment or eutrophication of rivers, streams, flood plains, lakes, ponds or other surface or subsurface water resources, destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks or historic districts or sites. Damage to the environment shall not include any insignificant destruction, damage or impairment to such natural resources. The attorney general shall receive and maintain appropriate records of complaints from interested persons relating to damage to the environment, and upon the receipt thereof shall refer the same to an appropriate agency or subdivision of the commonwealth for such further corrective action as may be necessary to prevent or remedy damage to the environment. The attorney general may investigate the administration of environmental statutes, ordinances or regulations by an agency, department, board, commission, division or authority of the commonwealth or of any political subdivision thereof and may make such recommendations as are appropriate to the governor and to the general court. Nothing in this section shall be interpreted to derogate from any existing common law or statutory right or remedy against damage to the environment. In any action at law or suit in equity brought by the attorney general in any court of the commonwealth involving alleged damage to the environment, whether or not a temporary restraining order or preliminary injunction is sought or granted, after a representation by the attorney general by affidavit that delay in the trial on the merits would prevent the attainment of a full and complete remedy to the alleged damage to the environment, the court, upon finding that the facts alleged in said affidavit are true, shall place said action or suit on the advanced section of the trial list in said court with such order of priority over other cases on said advanced section as the court shall deem appropriate.

M.G.L. c. 12, § 11E Public utilities; office of ratepayer advocacy; intervention in legal proceedings on behalf of consumers; expenditure of funds; expert or consultant; information requests

c. 12, § 11E. Public utilities; office of ratepayer advocacy; intervention in legal proceedings on behalf of consumers; expenditure of funds; expert or consultant; information requests Section 11E. (a) There shall be within the office of the attorney general, an office of ratepayer advocacy. The attorney general, through the office of ratepayer advocacy, may intervene, appear and participate in administrative, regulatory, or judicial proceedings on behalf of any group of consumers in connection with any matter involving rates, charges, prices and tariffs of an electric company, water company, gas company, generator, transmission company, telephone company and telegraph company doing business in the commonwealth and subject to the jurisdiction of the department of public utilities or the department of telecommunications and cable. In addition, the attorney general may intervene, appear and participate in federal energy regulatory commission or other federal energy proceedings on behalf of ratepayers in the commonwealth. The office of the ratepayer advocacy shall be under the direction of an assistant attorney general appointed under section 2. The assistant attorney general shall devote his full time and attention to the duties of the office. For the purpose of such an intervention, appearance or participation, the attorney general may expend such funds as may be appropriated. These expenditures shall not exceed annually the amount assessed against such electric, water, gas, telephone and telegraph company under section 3 of chapter 24A, notwithstanding subsection (b). The attorney general shall not expend any of such funds if the expenditure shall conflict with his duties under section 3. (b) In the performance of his duties under this section, the attorney general may retain an expert or a consultant to assist in proceedings before the department of public utilities or the department of telecommunications and cable. If the attorney general determines that the services of an expert or a consultant are necessary in a proceeding, he shall file notice in the proceeding that includes the type of expert or consultant sought and the anticipated cost. Upon the filing of such notice, the department before which the proceeding is commencing shall allow full parties to the proceeding the opportunity to comment regarding the necessity or desirability of such services. Absent a showing that the costs proposed are unnecessary for the attorney general to represent ratepayer interests in the proceeding or that such costs are not reasonable or proper, the use of the expert or consultant shall be approved. Costs for an expert or a consultant shall not exceed $150,000 per proceeding unless approved by the department based upon exigent circumstances, including the complexity of the proceeding. All reasonable and proper expenses, as defined in this section, shall be borne by the affected party in the proceeding and shall be paid by such party at such times and in such manner as the attorney general directs. All reasonable and proper costs and expenses, as defined in this section, shall be recognized by the departments for all purposes as proper business expenses of the affected party, recoverable through rates without further approval from the departments. (c) The attorney general may request, orally or in writing, that any company subject to the jurisdiction of the department of public utilities or the department of telecommunications and cable respond to not more than 15 information requests, including subparts, per calendar month regarding any matter related to the rates, charges, tariffs, books or service quality of the company, and the company shall answer these information requests fully and completely in a reasonably prompt manner, not to exceed 30 calendar days from the date of issuance, regarding any issue that is within the jurisdiction of the department. Department rules pertaining to the scope of questions and objections to discovery shall apply to any such request and the department shall have jurisdiction to rule on any objections or motions to compel. If the company fails to answer the information requests in a reasonably prompt manner, the attorney general may request enforcement of this subsection from the department having jurisdiction over the company.

M.G.L. c. 12, § 11F Insurance companies; intervention in legal proceedings on behalf of consumers; expenditure of funds

c. 12, § 11F. Insurance companies; intervention in legal proceedings on behalf of consumers; expenditure of funds Section 11F. The attorney general is hereby authorized to intervene in administrative or judicial proceedings held in the commonwealth on behalf of any group of consumers in connection with any matter involving the rates, charges, premiums and prices charged by any insurance company doing business in the commonwealth and subject to the division of insurance within the department of banking and insurance. For the purpose of such intervention the attorney general may expend such funds as may be appropriated therefor; provided, however, that such expenditures shall not exceed annually one hundred and fifty percent of the amount assessed against insurance companies under the provisions of section eight F of chapter twenty-six. The attorney general shall have no authority to expend any of such funds wherever the expenditure thereof shall conflict with the duties imposed upon him under the provisions of section three.

M.G.L. c. 12, § 11G Local consumer aid fund; eligibility for assistance

c. 12, § 11G. Local consumer aid fund; eligibility for assistance Section 11G. There shall be established within the department of the attorney general a local consumer aid fund, which may receive and expend monies as may be appropriated to said fund by the general court, as well as additional monies which may be made available from sources other than the General Fund. The purpose of said fund shall be to provide financial assistance to eligible, local or regional agencies which deal with the resolution of consumer problems. The attorney general shall determine the standards for eligibility in order for such agencies to receive financial assistance. No more than ten per cent of said fund may be expended for administrative purposes.

M.G.L. c. 12, § 11H Violations of constitutional rights; civil actions by attorney general; right to bias-free professional policing

c. 12, § 11H. Violations of constitutional rights; civil actions by attorney general; right to bias-free professional policing Section 11H. (a)(1) Whenever any person or persons, whether or not acting under color of law, interfere by threats, intimidation or coercion, or attempt to interfere by threats, intimidation or coercion, with the exercise or enjoyment by any other person or persons of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, the attorney general may bring a civil action for injunctive or other appropriate equitable relief in order to protect the peaceable exercise or enjoyment of the right or rights secured. Said civil action shall be brought in the name of the commonwealth and shall be instituted either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the person whose conduct complained of resides or has his principal place of business. (2) If the attorney general prevails in an action under this section, the attorney general shall be entitled to: (i) an award of compensatory damages for any aggrieved person or entity; and (ii) litigation costs and reasonable attorneys' fees in an amount to be determined by the court. In a matter involving the interference or attempted interference with any right protected by the constitution of the United States or of the commonwealth, the court may also award civil penalties against each defendant in an amount not exceeding $5,000 for each violation. (b) All persons shall have the right to bias-free professional policing. Any conduct taken in relation to an aggrieved person by a law enforcement officer acting under color of law that results in the decertification of said law enforcement officer by the Massachusetts peace officer standards and training commission pursuant to section 10 of chapter 6E shall constitute interference with said person's right to bias-free professional policing and shall be a prima facie violation of said person's right to bias-free professional policing and a prima facie violation of subsection (a). No law enforcement officer shall be immune from civil liability for any conduct under color of law that violates a person's right to bias-free professional policing if said conduct results in the law enforcement officer's decertification by the Massachusetts peace officer standards and training commission pursuant to section 10 of chapter 6E; provided, however, that nothing in this subsection shall be construed to grant immunity from civil liability to a law enforcement officer for interference by threat, intimidation or coercion, or attempted interference by threats, intimidation or coercion, with the exercise or enjoyment any right secured by the constitution or laws of the United States or the constitution or laws of the commonwealth if the conduct of said officer was knowingly unlawful or was not objectively reasonable.

M.G.L. c. 12, § 11I Violations of constitutional rights; civil actions by aggrieved persons; costs and fees

c. 12, § 11I. Violations of constitutional rights; civil actions by aggrieved persons; costs and fees Section 11I. Any person whose exercise or enjoyment of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth, has been interfered with, or attempted to be interfered with, as described in section 11H, may institute and prosecute in his own name and on his own behalf a civil action for injunctive and other appropriate equitable relief as provided for in said section, including the award of compensatory money damages. Any aggrieved person or persons who prevail in an action authorized by this section shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.

M.G.L. c. 12, § 11I1/2 Interference with right to access to reproductive and gender-affirming health care services; abusive litigation; civil actions

c. 12, § 11I1/2. Interference with right to access to reproductive and gender-affirming health care services; abusive litigation; civil actions Section 11I1/2. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: ''Gender-affirming health care services'', all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to the treatment of gender dysphoria. ''Abusive litigation'', litigation or other legal action to deter, prevent, sanction or punish any person engaging in legally-protected health care activity by: (i) filing or prosecuting any action in any state other than the commonwealth where liability, in whole or part, directly or indirectly, is based on legally-protected health care activity that occurred in the commonwealth, including any action in which liability is based on any theory of vicarious, joint or several liability derived therefrom; or (ii) attempting to enforce any order or judgment issued in connection with any such action by any party to the action or any person acting on behalf of a party to the action; provided, however, that a lawsuit shall be considered to be based on conduct that occurred in the commonwealth if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in the commonwealth, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit. ''Legally-protected health care activity'', (i) the exercise and enjoyment, or attempted exercise and enjoyment, by any person of rights to reproductive health care services or gender-affirming health care services secured by the constitution or laws of the commonwealth or the provision of insurance coverage for such services; or (ii) any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender-affirming health care services secured by the constitution or laws of the commonwealth; provided, however, that the provision of such a health care service by a person duly licensed under the laws of the commonwealth and physically present in the commonwealth and the provision of insurance coverage for such services shall be legally protected if the service is permitted under the laws of the commonwealth, regardless of the patient's location; and provided further, that ''legally-protected health care activity'' shall not include any service rendered below an applicable professional standard of care or that would violate anti-discrimination laws of the commonwealth. ''Reproductive health care services'', all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, miscarriage management or the termination of a pregnancy. (b) Access to reproductive health care services and gender-affirming health care services is a right secured by the constitution and laws of the commonwealth. Interference with this right, whether or not under the color of law, is against the public policy of the commonwealth. (c) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against or otherwise interferes with a person, provider, carrier or other entity in the commonwealth that seeks, receives, causes, aids in access to, aids or abets or provides, or attempts or intends to seek, receive, cause, aid in access to, aid or abet or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the constitution and laws of the commonwealth and shall be a violation of the public policy of the commonwealth. (d) If a person, including any plaintiff, prosecutor, attorney or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on, interferes with or attempts to infringe on or interfere with legally-protected health care activity, any aggrieved person, provider, carrier or other entity, including any defendant in such abusive litigation, may institute and prosecute a civil action for injunctive, monetary or other appropriate relief within 3 years after the cause of action accrues. Any aggrieved person, provider, carrier or other entity, including any defendant in such abusive litigation, may move to modify or quash any subpoena issued in connection with such abusive litigation on the grounds that the subpoena is unreasonable, oppressive or inconsistent with the public policy of the commonwealth pursuant to the Massachusetts Rules of Civil Procedure. If the court finds for the petitioner in an action authorized by this section, recovery shall be in the amount of actual damages, which shall include damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs or reasonable attorney's fees incurred in connection with the abusive litigation. (e) A court may exercise jurisdiction over a person in an action authorized by this section if: (i) personal jurisdiction is found under section 3 of chapter 223A; (ii) the person has commenced any action in any court in the commonwealth and, during the pendency of that action or any appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person's behalf in that action or as otherwise permitted by law; or (iii) the exercise of jurisdiction is permitted under the Constitution of the United States. (f) This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of the commonwealth if the course of conduct that forms the basis for liability had occurred entirely in the commonwealth, including any contract, tort, common law or statutory claims.

M.G.L. c. 12, § 11I3/4 Reproductive and gender-affirming health care services; laws governing case or controversies heard in commonwealth

c. 12, § 11I3/4. Reproductive and gender-affirming health care services; laws governing case or controversies heard in commonwealth Section 11I3/4. Notwithstanding any general or special law or common law conflict of law rule to the contrary, the laws of the commonwealth shall govern in any case or controversy heard in the commonwealth related to reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I1/2, except as may be required by federal law.

M.G.L. c. 12, § 11I.5 Interference with right to access to reproductive and gender-affirming health care services; abusive litigation; civil actions

c. 12, § 11I.5. Interference with right to access to reproductive and gender-affirming health care services; abusive litigation; civil actions Section 11I1/2. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: "Gender-affirming health care services'', all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to the treatment of gender dysphoria. "Abusive litigation'', litigation or other legal action to deter, prevent, sanction or punish any person engaging in legally-protected health care activity by: (i) filing or prosecuting any action in any state other than the commonwealth where liability, in whole or part, directly or indirectly, is based on legally-protected health care activity that occurred in the commonwealth, including any action in which liability is based on any theory of vicarious, joint or several liability derived therefrom; or (ii) attempting to enforce any order or judgment issued in connection with any such action by any party to the action or any person acting on behalf of a party to the action; provided, however, that a lawsuit shall be considered to be based on conduct that occurred in the commonwealth if any part of any act or omission involved in the course of conduct that forms the basis for liability in the lawsuit occurs or is initiated in the commonwealth, whether or not such act or omission is alleged or included in any pleading or other filing in the lawsuit. "Legally-protected health care activity'', (i) the exercise and enjoyment, or attempted exercise and enjoyment, by any person of rights to reproductive health care services or gender-affirming health care services secured by the constitution or laws of the commonwealth or the provision of insurance coverage for such services; or (ii) any act or omission undertaken to aid or encourage, or attempt to aid or encourage, any person in the exercise and enjoyment, or attempted exercise and enjoyment, of rights to reproductive health care services or gender-affirming health care services secured by the constitution or laws of the commonwealth; provided, however, that the provision of such a health care service by a person duly licensed under the laws of the commonwealth and physically present in the commonwealth and the provision of insurance coverage for such services shall be legally protected if the service is permitted under the laws of the commonwealth, regardless of the patient's location; and provided further, that "legally-protected health care activity'' shall not include any service rendered below an applicable professional standard of care or that would violate anti-discrimination laws of the commonwealth. "Reproductive health care services'', all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to pregnancy, contraception, assisted reproduction, miscarriage management or the termination of a pregnancy. (b) Access to reproductive health care services and gender-affirming health care services is a right secured by the constitution and laws of the commonwealth. Interference with this right, whether or not under the color of law, is against the public policy of the commonwealth. (c) Any public act or record of a foreign jurisdiction that prohibits, criminalizes, sanctions, authorizes a person to bring a civil action against or otherwise interferes with a person, provider, carrier or other entity in the commonwealth that seeks, receives, causes, aids in access to, aids or abets or provides, or attempts or intends to seek, receive, cause, aid in access to, aid or abet or provide, reproductive health care services or gender-affirming health care services shall be an interference with the exercise and enjoyment of the rights secured by the constitution and laws of the commonwealth and shall be a violation of the public policy of the commonwealth. (d) If a person, including any plaintiff, prosecutor, attorney or law firm, whether or not acting under color of law, engages or attempts to engage in abusive litigation that infringes on, interferes with or attempts to infringe on or interfere with legally-protected health care activity, any aggrieved person, provider, carrier or other entity, including any defendant in such abusive litigation, may institute and prosecute a civil action for injunctive, monetary or other appropriate relief within 3 years after the cause of action accrues. Any aggrieved person, provider, carrier or other entity, including any defendant in such abusive litigation, may move to modify or quash any subpoena issued in connection with such abusive litigation on the grounds that the subpoena is unreasonable, oppressive or inconsistent with the public policy of the commonwealth pursuant to the Massachusetts Rules of Civil Procedure. If the court finds for the petitioner in an action authorized by this section, recovery shall be in the amount of actual damages, which shall include damages for the amount of any judgment issued in connection with any abusive litigation, and any and all other expenses, costs or reasonable attorney's fees incurred in connection with the abusive litigation. (e) A court may exercise jurisdiction over a person in an action authorized by this section if: (i) personal jurisdiction is found under section 3 of chapter 223A; (ii) the person has commenced any action in any court in the commonwealth and, during the pendency of that action or any appeal therefrom, a summons and complaint is served on the person or the attorney appearing on the person's behalf in that action or as otherwise permitted by law; or (iii) the exercise of jurisdiction is permitted under the Constitution of the United States. (f) This section shall not apply to a lawsuit or judgment entered in another state that is based on conduct for which a cause of action exists under the laws of the commonwealth if the course of conduct that forms the basis for liability had occurred entirely in the commonwealth, including any contract, tort, common law or statutory claims. [ Subsections (g) to (i) added by 2025, 16, Sec. 2 effective November 5, 2025.] (g) Notwithstanding any general or special law to the contrary and except as required by federal law, no state or local agency of the commonwealth or officer or employee or any other person acting on behalf of a state or local agency of the commonwealth while acting under the color of law shall cooperate with or provide information or assistance to any federal law enforcement agency or other agency or any other state or local law enforcement agency or other agency or any individual or quasi-law enforcement agent or expend or use any time, money, facilities, property, equipment, personnel or other resources in relation to an investigation or inquiry into services constituting legally-protected health care activity if such services would be lawful as provided had they occurred entirely in the commonwealth. (h) Evidence relating to the involvement of an individual in any legally-protected health care activity shall not be offered as evidence that such individual has engaged in wrongdoing, whether civil, criminal, professional or otherwise, by virtue of the fact that the individual who received such services was not physically present in the commonwealth when they received such services. Nothing in this section shall prevent a party from offering such evidence in a proceeding that: (i) sounds in tort or contract; (ii) is actionable, in an equivalent or similar manner, under the laws of the commonwealth; and (iii) was brought by the patient who received reproductive health care services or gender-affirming health care services or the patient's legal representative. (i) The attorney general may bring a civil action for injunctive or other equitable relief to enforce this section.

M.G.L. c. 12, § 11J Violations of constitutional rights; temporary restraining orders and injunctions; violations; punishment; vacation of order

c. 12, § 11J. Violations of constitutional rights; temporary restraining orders and injunctions; violations; punishment; vacation of order Section 11J. In actions brought pursuant to subsection (a) of section 11H or section 11I, whenever the court issues a temporary restraining order or a preliminary or permanent injunction, ordering a defendant to refrain from certain conduct or activities, the order issued shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. After any such order has been served upon the defendant, any violation of such order shall be punishable by a fine of not more than five thousand dollars or by imprisonment for not more than two and one-half years in a house of correction, or both such fine and imprisonment; provided, however, that if bodily injury results from such violation, the violation shall be punishable by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both. The clerk shall transmit two certified copies of each such order issued under subsection (a) of section 11H or section 11I to each appropriate law enforcement agency having jurisdiction over locations where such defendant is alleged to have committed the act giving rise to the action, and such law enforcement agency shall serve one copy of the order upon such defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of the order are informed of the existence and terms of such order. Whenever any law enforcement officer has probable cause to believe that such defendant has violated the provisions of this section, such officer shall have the authority to arrest said defendant. Following the final disposition of a criminal contempt proceeding initiated by the attorney general for violation of an order issued in an action brought by the attorney general under subsection (a) of section 11H, the commonwealth shall move to dismiss any charges brought under this section against such defendant for such violation of the order. Whenever the court vacates a temporary restraining order or a preliminary or permanent injunction issued under subsection (a) of section 11H or section 11I, the clerk shall promptly notify in writing each appropriate law enforcement agency which had been notified of the issuance of the order and shall direct each such agency to destroy all record of such vacated order, and such agency shall comply with such directive.

M.G.L. c. 12, § 11K Division of victim compensation and assistance

c. 12, § 11K. Division of victim compensation and assistance [[ Text of section effective until July 1, 2025. Repealed by 2025, c. 9, Sec. 9. See 2025, c. 9, Sec. 138.]] Section 11K. Subject to appropriation, there shall be established within the department of the attorney general a division of victim compensation and assistance to administer the provisions of chapter two hundred and fifty-eight C. The attorney general shall designate a program director of said division. Said program director may appoint and remove, subject to the approval of the attorney general, such investigative, legal, clerical and other assistants as the work of the division may require. The program director shall have the authority to promulgate rules and regulations pursuant to chapter thirty A as may be necessary to carry out the provisions of said chapter two hundred and fifty-eight C.

M.G.L. c. 12, § 11L Unlicensed mental health and unlicensed health professionals; sexual contact with patients or clients; temporary restraining order, injunction; violation; penalty

c. 12, § 11L. Unlicensed mental health and unlicensed health professionals; sexual contact with patients or clients; temporary restraining order, injunction; violation; penalty Section 11L. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Former patient'', any person who obtained a professional consultation, diagnostic or therapeutic service from an unlicensed health professional or unlicensed mental health professional within one year prior to sexual contact with the unlicensed health professional or unlicensed mental health professional. ''Health services'', shall include the rendering or offering to render services for the purpose of treating or diagnosing physical disorders or distress. ''Mental health services'', shall include the rendering or offering to render services for the purpose of treating, diagnosing or assessing mental or emotional disorders or distress, modifying behaviors, or alleviating problems pertaining to interpersonal relationships, work and life adjustment, and personal effectiveness which are caused by mental or emotional disorders or distress. ''Patient'', any person who obtains a professional consultation, diagnostic, or therapeutic service from an unlicensed health professional or unlicensed mental health professional. ''Sexual contact'', shall include the following, whether or not occurring with the consent of a patient or former patient: (1) sexual intercourse, cunnilingus, fellatio, anal intercourse or any intrusion, however slight, into the genital or anal openings of the patient's or former patient's body by any object used by the unlicensed health professional or unlicensed mental health professional for that purpose, or any intrusion, however slight, into the genital or anal openings of the body of the unlicensed health professional or unlicensed mental health professional by any part of the patient's or former patient's body or by any object used by the patient or former patient for that purpose, if consented to by the unlicensed health professional or unlicensed mental health professional; (2) sustained kissing of the mouth or kissing or intentional touching by the unlicensed health professional or unlicensed mental health professional of the patient's or former patient's genital area, groin, inner thigh, buttocks, or breast or the clothing covering any of these body parts; or sustained kissing of the mouth or kissing or intentional touching by the patient or former patient of the unlicensed mental health professional's or unlicensed health professional's genital area, groin, inner thigh, buttocks or breast or the clothing covering any of these body parts if the unlicensed mental health professional or unlicensed health professional consents to the kissing or intentional touching. The term sexual contact, shall not include conduct described in the definition of sexual contact that is in accordance with practices generally recognized as legitimate by the health or mental health professions, casual social contact not intended to be sexual in character, or inadvertent or unintentional touching. ''Unlicensed health professional'', a person who is not licensed or registered to provide health services by a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing health services or whose license or registration to provide health services has been returned or revoked by such board. ''Unlicensed mental health professional'', a person who is not licensed or registered to provide mental health services by a board of registration duly authorized to grant licenses or registration to persons engaged in the practice of providing mental health services or whose license or registration to provide mental health services has been returned or revoked by such board. (b) Whenever the attorney general has probable cause to believe that an unlicensed mental health professional or unlicensed health professional is having or has had sexual contact with one or more patients or clients while such health professional or mental health professional was licensed or unlicensed, or former patients or clients, and that said unlicensed health professional or unlicensed mental health professional poses a threat to the health, safety, or welfare of members of the public who are or may be patients or clients of the unlicensed health or unlicensed mental health professional, the attorney general may bring an action in the name of the commonwealth against said unlicensed health professional or unlicensed mental health professional to restrain by temporary restraining order or preliminary or permanent injunction said unlicensed health professional or unlicensed mental health professional from providing, offering to provide, or representing himself as being able to provide health services or mental health services. At least five days prior to the commencement of any action brought under this section, except when a temporary restraining order is sought, the attorney general shall notify the unlicensed health professional or unlicensed mental health professional of his intended action, and give said unlicensed health professional or unlicensed mental health professional an opportunity to confer with the attorney general or his representative in person or by counsel or other representative as to the proposed action. Such notice shall be given by mail, postage prepaid, to his usual place of business, or if he has no usual place of business, to his last known address. (c) The action may be brought either in the superior court for the county in which the conduct complained of occurred or in the superior court for the county in which the unlicensed health professional or unlicensed mental health professional resides or has his principal place of business. Said court may issue temporary restraining orders or preliminary or permanent injunctions and make such other orders or judgments as it may deem appropriate. (d) No injunction shall be issued pursuant to this section unless the court finds that the defendant has had an opportunity for an evidentiary hearing as to all contested material issues of fact. Issues decided in a prior evidentiary hearing in a court or in an administrative proceeding may be applied to a proceeding pursuant to this section in compliance with the Massachusetts Civil Rules of Procedure. The court issuing an injunction against an unlicensed health professional or unlicensed mental health professional pursuant to this section shall retain jurisdiction, and the cause shall be continued. Any unlicensed health professional or unlicensed mental health professional who is restrained as a result of an action brought pursuant to this section may petition the court for a modification or termination of the injunction, upon ten days notice to the attorney general. (e) Any district attorney or other law enforcement office receiving notice of any alleged violation of this section or violation of an injunction or order issued in an action brought under this section shall immediately forward written notice of the same together with any information that he may have to the office of the attorney general. (f) In an action brought pursuant to this section, whenever the court issues a temporary restraining order or a preliminary or permanent injunction, ordering a defendant to refrain from certain conduct or activities, the order issued shall contain the following statement: VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. The clerk shall transmit two certified copies of each such order issued under this section to each appropriate law enforcement agency having jurisdiction over locations where such defendant is alleged to have committed the act giving rise to the action, and such law enforcement agency shall serve one copy of the order upon the defendant. Unless otherwise ordered by the court, service shall be by delivering a copy in hand to the defendant. After any such order has been served upon the defendant, any violation of such order shall be punishable by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two and one-half years in a house of correction, or both such fine and imprisonment. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforcement of the order are informed of the existence and terms of such order. Whenever any law enforcement officer has probable cause to believe that such defendant has violated the provisions of this section, such officer shall have the authority to arrest said defendant. Whenever the court vacates a temporary restraining order or a preliminary or permanent injunction issued under this section, the clerk shall promptly notify in writing each appropriate law enforcement agency which has been notified of the issuance of the order and shall direct each such agency to destroy all record of such vacated order, and such agency shall comply with such directive. (g) Nothing contained herein shall prohibit the attorney general in his discretion from beginning an action for civil contempt rather than seeking criminal charges for an alleged violation of an order issued under this section. A court making a finding that an unlicensed health professional or unlicensed mental health professional is in civil contempt by reason of an alleged violation of an injunction or the order entered under this section shall assess a civil penalty of not more than ten thousand dollars for each such violation found.

M.G.L. c. 12, § 11M Division of gaming enforcement

c. 12, § 11M. Division of gaming enforcement Section 11M. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings: "Commission'', the Massachusetts gaming commission established in chapter 23K. "Division'', the division of gaming enforcement established in subsection (b). "Gaming establishment'', as defined in section 1 of chapter 23K. (b) There shall be in the department of the attorney general a division of gaming enforcement. The attorney general shall designate an assistant attorney general as the director of gaming enforcement. The director may appoint and remove, subject to the approval of the attorney general, such expert, clerical or other assistants as the work of the division may require. (c) The division shall enforce criminal violations of chapter 23K which shall include, but not be limited to: (1) investigating and prosecuting allegations of criminal activity related to or impacting the operation of gaming establishments or games; (2) receiving and taking appropriate action on referrals for criminal prosecution from the commission or any other law enforcement body; (3) providing assistance, upon request, to the commission in the consideration and promulgation of rules and regulations; (4) ensuring that there shall be no duplication of duties and responsibilities between the division and the commission; and (5) recommending persons to be placed on a list of excluded persons to be maintained by the commission. No employee of the division and no person engaged by the division in the course of an investigation, other than in the performance of their official duties, shall place a wager in a gaming establishment licensed under chapter 23K during the period of their employment or assignment with the division. The attorney general shall establish a code of ethics for all division employees which shall be more restrictive than chapters 268A and 268B. A copy of the code of ethics shall be filed with the state ethics commission. The code shall include provisions reasonably necessary to carry out this section including, but not limited to: (i) prohibiting the receipt of gifts by a division employee from a gaming licensee, applicant, close associate, affiliate or other person or entity subject to the jurisdiction of the commission established in chapter 23K; and (ii) prohibiting the participation by a division employee in a particular matter as defined in section 1 of said chapter 268A that affects the financial interest of a relative within the third degree of consanguinity or any other person with whom such employee has a significant relationship as defined in the code of ethics. Officers and employees of the gaming enforcement unit in the department of state police who are assigned to the division shall record their time and submit their total hours to the director of gaming enforcement. The division shall submit a request for reimbursement to the commission and the commission shall reimburse the department of state police. [ Fourth paragraph of subsection (c) effective until August 5, 2025. For text effective August 5, 2025, see below.] The division shall submit quarterly requests to the commission for expenses associated with the operation of the division and the commission shall reimburse the division for such expenses; provided, however, that the commission shall not approve such a request if the request would exceed an annual reimbursement of $3,000,000. [ Fourth paragraph of subsection (c) as amended by 2025, 14, Sec. 7 effective August 5, 2025. For text effective until August 5, 2025, see above.] The division shall submit quarterly requests to the commission for expenses associated with the operation of the division and the commission shall reimburse the division for such expenses.

M.G.L. c. 12, § 11M1/2 Fantasy contests

c. 12, § 11M1/2. Fantasy contests Section 11M1/2. Notwithstanding sections 24, 24A and 27 of chapter 10, chapter 271 or any other general or special law to the contrary, a person or entity that offers fantasy contests for a cash prize to members of the public may offer a fantasy contest to residents of the commonwealth pursuant to and in accordance with regulations promulgated by the attorney general: provided further, for the purposes of section 7 of chapter 4, a fantasy contest shall not be considered illegal gaming. ''Fantasy contest'' includes any fantasy or simulated game or contest, including, but not limited to, any fantasy or simulated game or contest based on professional sports events in which: (i) the value of all prizes and awards offered to winning participants are established and made known to the participants in advance of the contest; (ii) all winning outcomes reflect the relative knowledge and skill of the participants and shall be determined predominantly by accumulated statistical results of the performance of individuals, including athletes in the case of sports events; and (iii) no winning outcome is based on the score, point spread, or any performance or performances of any single actual team or combination of Such teams or solely on any single performance of an individual athlete Or player in any single actual event.

M.G.L. c. 12, § 11N Monitoring health care market trends; investigation of unfair methods of competition or anti-competitive behavior; exemption or waiver from federal law

c. 12, § 11N. Monitoring health care market trends; investigation of unfair methods of competition or anti-competitive behavior; exemption or waiver from federal law Section 11N. (a) The attorney general shall monitor trends in the health care market including, but not limited to, trends in provider organization size and composition, consolidation in the provider market, payer contracting trends and patient access and quality issues in the health care market. The attorney general may obtain the following information from a private health care payer, public health care payer, provider, provider organization, significant equity investor, health care real estate investment trust or management services organization, as those terms are defined in section 1 of chapter 6D: (i) any information that is required to be submitted under sections 8, 9 and 10 of chapter 12C, (ii) filings, applications and supporting documentation related to any cost and market impact review under section 13 of chapter 6D (iii) filings, applications and supporting documentation related to a determination of need application filed under section 25C of chapter 111; and (iv) filings, applications and supporting documentation submitted to the federal Centers for Medicare and Medicaid Services or the Office of the Inspector General for any demonstration project. Under section 17 of chapter 12C and section 8 of chapter 6D and subject to the limitations stated in those sections, the attorney general may require that any provider, provider organization, private health care payer or public health care payer produce documents, answer interrogatories and provide testimony under oath related to health care costs and cost trends, the factors that contribute to cost growth within the commonwealth's health care system and the relationship between provider costs and payer premium rates. (b) The attorney general may investigate any provider organization referred to the attorney general by the health policy commission under section 13 of chapter 6D to determine whether the provider organization engaged in unfair methods of competition or anti-competitive behavior in violation of chapter 93A or any other law, and, if appropriate, take action under chapter 93A or any other law to protect consumers in the health care market. (c) The attorney general may intervene or otherwise participate in efforts by the commonwealth to obtain exemptions or waivers from certain federal laws regarding provider market conduct, including, from the federal Office of the Inspector General, a waiver of, or expansion of, the ''safe harbors'' provided for under 42 U.S.C. section 1320a–7b and obtaining from the federal Office of the Inspector General a waiver of, or exemption from, 42 U.S.C. section 1395nn subsections (a) to (e). (d) Nothing in this section shall limit the authority of the attorney general to protect consumers in the health care market under any other law.

M.G.L. c. 12, § 12 District attorneys; qualifications; election; term; appearances

c. 12, § 12. District attorneys; qualifications; election; term; appearances Section 12. There shall be a district attorney for each district set forth in the following section, who shall be a resident therein and a member of the bar of the commonwealth and shall be elected as provided by section one hundred and fifty-four of chapter fifty-four. He shall serve for four years beginning with the first Wednesday of January after his election and until his successor is qualified. The district attorney shall appear for a county constituting such district in all civil actions in which such county is a party under the provisions of chapter two hundred and fifty-eight.

M.G.L. c. 12, § 13 Districts for administration of criminal law or defense of civil actions

c. 12, § 13. Districts for administration of criminal law or defense of civil actions Section 13. For the administration of the criminal law, or for the defense of civil actions brought pursuant to chapter two hundred and fifty-eight, Suffolk county shall constitute the Suffolk district; Middlesex county, the northern district; Essex county, the eastern district; Norfolk county, the Norfolk district; Plymouth county, the Plymouth district; Bristol county, the Bristol district; Barnstable, Nantucket and Dukes counties, the Cape and Islands district; Worcester county, excluding the town of Athol, the middle district; Berkshire county, the Berkshire district; Hampden county, the Hampden district; and Franklin county, including the town of Athol, and Hampshire county, the northwestern district.

M.G.L. c. 12, § 15 Practice of law prohibited; salary

c. 12, § 15. Practice of law prohibited; salary Section 15. District attorneys shall devote their full time during ordinary business hours to their duties, shall neither directly nor indirectly engage in the practice of law, and shall receive from the commonwealth a salary of $223,442 annually.

M.G.L. c. 12, § 16 Salaries of assistant district attorneys

c. 12, § 16. Salaries of assistant district attorneys Section 16. Each district attorney shall, subject to appropriation and subject to the conditions of this section, appoint and may, at his pleasure, remove such assistant district attorneys as are necessary to the functioning of the office of the district attorney. Assistant district attorneys shall receive from the commonwealth salaries as recommended by the district attorney appointing them, subject to appropriation and subject to the conditions of this section. No assistant district attorney shall be appointed and no such salary shall be paid unless and until such position and such salary (a) shall have been recommenced in writing by the district attorney making the appointment and (b) shall have been included in a schedule of offices and positions approved by the house and senate committees on ways and means. The provisions of sections nine A and forty-five of chapter thirty, chapter thirty-one, and chapter one hundred and fifty E shall not apply to said assistant district attorneys. Assistant district attorneys shall devote their full time during ordinary business hours to their duties, and shall neither directly nor indirectly engage in the practice of law.

M.G.L. c. 12, § 18 Appointment of an assistant to district attorney; compensation

c. 12, § 18. Appointment of an assistant to district attorney; compensation Section 18. If there is no assistant district attorney, the district attorney may employ a clerk to aid him; and in the northern, eastern, middle, Norfolk, Plymouth, Berkshire, Hampden and northwestern districts, the district attorney may appoint, for the sitting at which the appointment is made, a competent person to act as an assistant to the district attorney. The compensation of any person employed or appointed hereunder shall be paid by the commonwealth.

M.G.L. c. 12, § 19 Suffolk district; appointment of messengers and other employees

c. 12, § 19. Suffolk district; appointment of messengers and other employees Section 19. The district attorney for the Suffolk district may appoint a messenger and such stenographers, telephone operators and other office assistants as in his opinion the interests of the commonwealth require. The compensation of any person appointed hereunder shall be paid by the commonwealth, and any such person may be removed by said district attorney at his pleasure.

M.G.L. c. 12, § 20 Additional legal assistants; tenure; compensation; powers

c. 12, § 20. Additional legal assistants; tenure; compensation; powers Section 20. The district attorneys may each employ additional legal assistants. The length of time of such employment shall in no instance exceed six months. The amount of compensation shall be determined by the district attorney providing that for legal assistants who devote their entire time to the duties of legal assistants and do not, either directly or indirectly, engage in the private practice of law said compensation shall in no instance exceed ten thousand dollars and for part-time legal assistants shall in no instance exceed five thousand dollars. Such compensation shall be paid, subject to appropriation, by the commonwealth upon presentation of bills approved by the district attorney. In matters connected with the work for which he is so employed a legal assistant shall have all the powers and authority of an assistant district attorney.

M.G.L. c. 12, § 20A Suffolk and Northern districts; special assistant district attorney, appointment and removal; duties; power; salary

c. 12, § 20A. Suffolk and Northern districts; special assistant district attorney, appointment and removal; duties; power; salary Section 20A. The district attorney for the Suffolk district and the district attorney for the northern district may each appoint an attorney at law as a special assistant district attorney, whose duties shall be the listing and assignment of cases, under the supervision of the district attorney, and may remove him at pleasure. Such special assistants shall have all powers of an assistant district attorney, and shall receive from the commonwealth a salary not exceeding twenty-one thousand seven hundred and eighty dollars.

M.G.L. c. 12, § 20C Special assistant district attorneys; appointment, removal and salary; participation in federal demonstration programs

c. 12, § 20C. Special assistant district attorneys; appointment, removal and salary; participation in federal demonstration programs Section 20C. The district attorneys may each appoint and may remove at pleasure such additional attorneys-at-law as special assistant district attorneys as may be necessary to participate in federally funded demonstration programs under the Omnibus Crime Control and Safe Streets Act of 1968 or other federal acts; provided that the compensation of such special assistant district attorneys shall be paid from federal funds. Such special assistant district attorneys shall have all the powers of assistant district attorneys and shall receive such salary not exceeding that provided in section sixteen for assistant district attorneys in their respective districts as the district attorney may determine.

M.G.L. c. 12, § 20D District Attorneys Association; executive director; report on criminally prosecuted child abuse and neglect cases

c. 12, § 20D. District Attorneys Association; executive director; report on criminally prosecuted child abuse and neglect cases Section 20D. The district attorneys may appoint a suitable person to serve as executive director to the Massachusetts District Attorneys Association for the purpose of promoting prosecutorial resources and improving prosecutorial functions through the coordination and standardization of services and programs, together with providing information, technical assistance and educational services to ensure standardization in organization, goals, operations and procedures. The executive director may expend such funds as are appropriated therefor, together with additional funds from federal grants and other contributions that may be made available for these purposes, and may hire such professional assistants as shall be authorized. The executive director shall devote his time during ordinary business hours to his duties and shall neither directly nor indirectly engage in the practice of law. The executive director shall annually report on the status of child abuse and neglect cases that have been referred for criminal prosecution, including the number prosecuted, the results of those prosecutions, the principal reason for decisions not to prosecute, and what resources would have assisted in those investigations and prosecutions. The report shall be filed with the clerks of the senate and the house, the senate and the house committees on ways and means, the joint committee on children, families and persons with disabilities, the joint committee on the judiciary, the child advocate, and the governor.

M.G.L. c. 12, § 21 Suffolk district; police and detective service

c. 12, § 21. Suffolk district; police and detective service Section 21. The superintendent of police of Boston shall, upon the written request of the district attorney for the Suffolk district, detail for police and detective service under his direction inspectors or police officers, not exceeding two in number. Such inspectors or officers shall receive no extra compensation for services thus rendered, and shall be subject to the rules and regulations of the police department, unless relieved therefrom temporarily by said superintendent or by the police commissioner of Boston.

M.G.L. c. 12, § 22 Clerical and stenographic workers

c. 12, § 22. Clerical and stenographic workers Section 22. The district attorney for the Northern, Norfolk and Plymouth districts may employ persons for clerical or stenographic work and may remove them at his pleasure. Their compensation shall be paid by the commonwealth.

M.G.L. c. 12, § 23 Payment for traveling expenses; exceptions

c. 12, § 23. Payment for traveling expenses; exceptions Section 23. Except as otherwise provided in section twenty-four of this chapter and in section fifteen of chapter two hundred and seventy-six, district attorneys and assistant district attorneys shall receive for traveling expenses necessarily incurred in the performance of their official duties such sums as shall be approved by the district attorney, to be paid by the commonwealth. In each district the traveling and contingent expenses incurred by the district attorney, or his designee, while attending conventions that have been convened for the purpose of considering questions of law reform or statistics and other legal matters affecting the welfare of the people, and the membership dues of the district attorney, or his designee, in the National District Attorney Association, shall, subject to appropriation, be paid by the commonwealth, upon receipt of a certificate from the district attorney that they were necessarily incurred under the provisions of this section, and upon the approval of the district attorney.

M.G.L. c. 12, § 24 Expenses payable by commonwealth

c. 12, § 24. Expenses payable by commonwealth Section 24. A district attorney, in the name of the commonwealth, may contract such bills for stationery, experts, travel outside of the commonwealth by witnesses required by the commonwealth in the prosecution of cases, for necessary expenses incurred by himself or by officers and others under his direction in going outside of the commonwealth for the purpose of searching for or bringing back for trial persons under indictment or against whom complaints are pending in his district, and for such other expenses as may in his opinion be necessary for the proper conduct of his office in the investigation of or preparation and trial of criminal cases; and all such bills shall be paid by the commonwealth upon a certificate by the district attorney that they were necessarily incurred in the proper performance of his duty.

M.G.L. c. 12, § 25 Advanced expenses; conditions; vouchers

c. 12, § 25. Advanced expenses; conditions; vouchers Section 25. Money to be used for the necessary expenses to be incurred by officers, under the direction of a district attorney, in going outside of the commonwealth for the purpose of searching for, or bringing back for trial, persons under indictment in any county in the district of said district attorney shall be advanced by the treasurer of the commonwealth, upon the presentation of a certificate signed by the district attorney and approved in the manner provided in the preceding section for approving bills incurred by district attorneys. After their return, such officers shall account for such money by filing with the treasurer itemized vouchers duly sworn to, approved by the district attorney and also approved in the manner provided in the preceding section for approving bills incurred by district attorneys. Such vouchers shall show the necessary expenses so incurred, and the difference between the amount advanced as aforesaid and the amount of the vouchers so approved shall be paid to the treasurer within thirty days after such return.

M.G.L. c. 12, § 25A Advance of expenses necessary in performance of duties; limitation; accounting; unexpended balance

c. 12, § 25A. Advance of expenses necessary in performance of duties; limitation; accounting; unexpended balance Section 25A. Money to be used for necessary expenses to be incurred in the performance of the duties of a district attorney in relation to any investigation or proceeding in any county in his district, to an amount not exceeding twenty-four thousand dollars in any one year, shall be advanced to him by the treasurer of the commonwealth, or placed to his credit for advance under his direction to persons designated by him, upon the presentation of a certificate signed by him certifying that such amount is necessary for use as aforesaid. Every sum so advanced shall be accounted for by the said district attorney within two months after such advance and said accounts shall be approved in the manner provided in section twenty-four for approving bills incurred by district attorneys; provided, that all sums so advanced by the treasurer during any financial year shall be accounted for, and any unexpended balances thereof be repaid to said treasurer, prior to January tenth next following the close of said financial year.

M.G.L. c. 12, § 26 Court appointment of substitute in absence of attorney general and district attorney

c. 12, § 26. Court appointment of substitute in absence of attorney general and district attorney Section 26. The supreme judicial or superior court may at any sitting, in the absence of the attorney general and district attorney, appoint some suitable person to perform their duties.

M.G.L. c. 12, § 27 District attorneys; duties; control of attorney general

c. 12, § 27. District attorneys; duties; control of attorney general Section 27. District attorneys within their respective districts shall appear for the commonwealth in the superior court in all cases, criminal or civil, in which the commonwealth is a party or interested, and in the hearing, in the supreme judicial court, of all questions of law arising in the cases of which they respectively have charge, shall aid the attorney general in the duties required of him, and perform such of his duties as are not required of him personally; but the attorney general, when present, shall have the control of such cases. They may interchange official duties.

M.G.L. c. 12, § 28 Suits on recognizances; discontinuance

c. 12, § 28. Suits on recognizances; discontinuance Section 28. District attorneys shall commence suits upon recognizances in criminal cases within their respective districts within sixty days after default has been entered of record, or after they have satisfactory evidence of an act which would cause a forfeiture thereof, and shall prosecute them without delay. Such suits shall not be discontinued except with consent of the court or upon a certificate, signed by the sheriff or his deputy and filed in court, that the amount of the recognizance and the costs of suit have been paid to him. They may, however, be begun after the expiration of said sixty days.

M.G.L. c. 12, § 29 Accounting for fees, bills of costs and money received

c. 12, § 29. Accounting for fees, bills of costs and money received Section 29. The attorney general and the district attorneys shall account to the state treasurer for all fees, bills of costs and money received by them by virtue of their offices.

M.G.L. c. 12, § 30 Fees for services in performance of duty; appearance in civil action

c. 12, § 30. Fees for services in performance of duty; appearance in civil action Section 30. No prosecuting officer shall receive any fee or reward from or in behalf of a prosecutor for services in any prosecution or business to which it is his official duty to attend, nor shall he be concerned as counsel or attorney for either party in a civil action depending upon the same facts involved in such prosecution or business.

M.G.L. c. 12, § 32 Community based juvenile justice programs; district attorneys

c. 12, § 32. Community based juvenile justice programs; district attorneys Section 32. (a) The district attorneys in the Suffolk, Middlesex, Essex, Worcester, Hampden, Hampshire/Franklin, Norfolk, Plymouth, Bristol, Cape and Islands and Berkshire counties shall operate community based juvenile justice programs in order to coordinate efforts of the criminal justice system in addressing juvenile justice through cooperation with the schools and local law enforcement representatives, probation and court representatives and, where appropriate, the department of children and families, department of youth services and department of mental health. (b) A district attorney's community based juvenile justice program shall identify cases in which juvenile offenders are among those most likely to pose a threat to their community. The program shall treat the identified cases as priority prosecution cases and impose individualized sanctions designed to deter the offender from further criminal or delinquent conduct. The office of the district attorney shall work with the schools and community representatives on development of violence prevention and intervention programs, identification, protocol and curricula. (c) The offices of the district attorneys shall conduct weekly working sessions focusing on specific events and particular individuals whose conduct poses a threat to schools, neighborhoods and communities. The district attorneys shall be responsible for creating, managing and updating a priority prosecution list of individuals identified as the community's most serious violent youths and repeat offenders and shall update the list as events may happen and the individual is moved through the criminal justice system. (d) The district attorneys shall assign prosecutors to the community based juvenile justice program who shall treat the identified cases as their priority cases and shall work with the school, courts and other agencies to deter violent, criminal or delinquent conduct. The offices of the district attorneys shall be responsible for managing the lists, compiling and publishing statistics, coordinating meetings with the assistant district attorneys assigned to the program and local law enforcement agencies, schools, probation and court representatives and, where appropriate, the department of social services, department of youth services and department of mental health. (e) The district attorneys operating such programs shall participate in a community based juvenile justice program task force for the purpose of sharing information on the practices and developments of violence prevention and prosecution in their particular programs and such task force shall submit an annual report on each program, including statistics and findings, to the house and senate committees on ways and means on or before February 1 each year.

M.G.L. c. 12, § 33 Domestic violence and sexual violence training program for district attorneys and assistant district attorneys

c. 12, § 33. Domestic violence and sexual violence training program for district attorneys and assistant district attorneys Section 33. The Massachusetts District Attorneys' Association shall provide training on the issue of domestic violence and sexual violence in the commonwealth, at least once biannually, to all district attorneys and assistant district attorneys. Such training shall include, but not be limited to, the dissemination of information concerning: (1) misdemeanor and felony offenses in which domestic violence and sexual violence are often involved; (2) the civil rights and remedies available to victims of domestic violence and sexual violence; (3) methods for assessing the degree of risk of homicide involved in situations of domestic violence including, but not limited to, gathering information from the victim regarding the suspect's past reported and non-reported behavior and dangerousness, such as: (i) whether the suspect has ever used a weapon against the victim or threatened the victim with a weapon; (ii) whether the suspect owns a gun; (iii) whether the suspect's physical violence against the victim has increased in severity or frequency; (iv) whether the suspect has threatened to kill the victim; (v) whether the suspect has ever threatened or attempted suicide; (vi) whether the suspect has used or threatened physical violence against the victim's family, other household members or pets; (vii) whether the suspect uses illegal drugs; (viii) whether the suspect abuses alcohol; and (ix) whether there have been specific instances of strangulation or suffocation of the victim by the suspect; (4) law enforcement techniques, information sharing and methods of promoting cooperation among different areas of law enforcement in combating domestic violence and sexual violence, including the importance of keeping victims informed as to the whereabouts of suspected abusers and other such information helpful for victim safety planning; (5) the physiological and psychological effects of the pattern of domestic violence and sexual violence on its victims, including children who witness such abuse; (6) the increased vulnerability of victims who are gay, lesbian, bisexual, transgender, low-income, minority or immigrant, and including training on ways in which the indicators of dangerousness in these communities may be different from those in non-marginalized communities; (7) the dynamics of coercive controlling behavior that increases dangerousness even when such patterns of behavior are not themselves violent; (8) the underlying psychological and sociological causes of domestic violence and sexual violence and the availability of batterer's intervention programs; (9) the availability of community based domestic violence, rape, and sexual assault shelter and support services within the commonwealth, including, to the extent practicable, specific shelter and support services available in a district attorney's district; and (10) techniques for increasing cooperation and immediate data sharing among different areas of law enforcement and the court system in combating domestic violence and sexual violence. The Massachusetts District Attorneys' Association may appoint such expert, clerical and other staff members as the operation of the training program may require. As appropriate, the training presenters shall include domestic violence and sexual violence experts with expertise in the delivery of direct services to victims of domestic violence and sexual violence, including utilizing community based domestic violence, rape and sexual assault service providers and survivors of domestic violence, rape or sexual assault in the presentation of the training.

M.G.L. c. 12, § 34 Pre-arraignment diversion program

c. 12, § 34. Pre-arraignment diversion program Section 34. The district attorneys shall, within their respective districts, establish a pre-arraignment diversion program which may be used to divert a veteran or person who is in active service in the armed forces, a person with a substance use disorder or a person with mental illness if such veteran or person is charged with an offense or offenses against the commonwealth.

M.G.L. c. 12, § 35 Student loan ombudsman

c. 12, § 35. Student loan ombudsman Section 35. (a) There shall be a student loan ombudsman within the office of the attorney general. The student loan ombudsman shall receive, review and assist in resolving complaints from student loan borrowers including, but not limited to, those concerning attempts to resolve complaints in collaboration with institutions of higher education, student loan servicers, the division of banks and any other participants in student loan lending. (b) The responsibilities of the ombudsman may include, but shall not be limited to, helping student loan borrowers: (i) explore repayment options; (ii) apply for federal income-driven repayment plans; (iii) avoid or remove a default; (iv) end wage garnishments, tax refund interceptions or benefit offsets; (v) resolve billing disputes with student loan servicers; (vi) obtain student loan details and information; (vii) stop harassing collection calls; and (viii) apply for loan discharges or forgiveness. The ombudsman shall prepare, make available or direct those seeking assistance to student loan borrower education presentations and materials regarding student loans. The presentations and materials shall include, but not be limited to, an explanation of: (i) key student loan terms; (ii) documentation requirements; (iii) monthly payment obligations; (iv) income-based repayment options; (v) student loan forgiveness; and (vi) disclosure requirements. The ombudsman shall make best efforts to inform public employees about the federal Public Service Loan Forgiveness Program and direct them to available information about the program. (c) Annually, not later than January 1, the ombudsman shall file a report on activities related to student loans and student loan servicers, as defined in section 1 of chapter 93L, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on financial services. The report shall include, but not be limited to: (i) the number of complaints received by the ombudsman from student loan borrowers and the names of the student loan servicers against whom such complaints were filed; (ii) the types of complaints received by the ombudsman from student loan borrowers; (iii) the types of resolutions reached for complaints received; and (iv) recommendations to improve the effectiveness of the position of student loan ombudsman. The report shall also include an overview of any information received from the division of banks including, but not limited to: (i) the number of complaints received by the division of banks concerning student loans: (ii) the types of complaints received by the division of banks concerning student loans; (iii) the types of resolutions reached by the division of banks; and (iv) recommendations to improve the regulation, oversight and enforcement efforts of the division of banks with respect to student loan servicers. Information and data in the report shall be in an aggregate and de-identified format. (d) The ombudsman shall receive information from the division of banks to assist the ombudsman in fulfilling its duties under this section.

M.G.L. c. 12, § 36 Development and administration of comprehensive educational diversion program regarding ''sexting''; purpose; curriculum; application of program; educational materials

c. 12, § 36. Development and administration of comprehensive educational diversion program regarding ''sexting''; purpose; curriculum; application of program; educational materials Section 36. (a) The attorney general, in consultation with the office of the child advocate, the department of elementary and secondary education, the department of youth services, the Massachusetts District Attorneys Association, the committee for public counsel services, the commission on lesbian, gay, bisexual, transgender, queer and questioning youth, Jane Doe Inc.: The Massachusetts Coalition Against Sexual Assault and Domestic Violence and MASOC, Inc., shall develop and administer a comprehensive educational diversion program about the activity commonly known as ''sexting''. The program shall be designed to provide adolescents with information about: (i) the legal consequences of and penalties for possessing or disseminating visual material in violation of section 29D of chapter 272 and other applicable federal and state laws; (ii) the nonlegal consequences of possessing and disseminating sexual images including, but not limited to, the effect on relationships, loss of educational and employment opportunities and removal, exclusion and expulsion from school programs and extracurricular activities; (iii) how the internet may produce long-term and unforeseen consequences for possessing or disseminating sexual images online, including the health of relationships and risk of trafficking; (iv) the responsible use of visual material digitization; and (v) the connection between adolescents' possession or dissemination of sexual images and sexual assault, dating violence and bullying. (b) In designing the program curriculum, the attorney general shall research effective educational diversion programs, including programs in other states and programs on sexting. The office of the child advocate shall annually review the program design and curriculum and recommend to the attorney general updates as needed to improve efficacy. (c) The educational diversion program created under this section shall be used for any diversion program required pursuant to section 54B of chapter 119; provided, however, that the district attorney or court having jurisdiction may, where appropriate, refer a delinquent child or an alleged delinquent child to the educational diversion program under this section for violations or alleged violations of other laws if the district attorney or court deems such educational diversion program may be beneficial to a delinquent child or an alleged delinquent child. (d) Educational material from the educational diversion program shall be made available to school districts for use in educational programs on the topic of possessing or disseminating sexual images.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter12Fetched: 10/20/2026

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