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H 1741

An Act to amend Section 35 of M.G.L. Ch. 123

194th Legislature (2025-2026) Introduced by Chris Hendricks

Expands who can petition for commitment orders to include Licensed Alcohol and Drug Counselors (I/II) and Licensed Social Workers; takes effect on passage.

Hearing rescheduled to 11/18/2025 from 01:00 PM-08:00 PM in A-1 and Virtual Hearing updated to New End Time
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Bill Summary · H 1741

Summary: Bill H.1741 — An Act to amend Section 35 of M.G.L. Ch. 123

Purpose and intent

H.1741 amends Section 35 of Massachusetts General Law Chapter 123 to expand who may petition for an order of commitment for a person believed to have an alcohol or substance use disorder. The core aim is to authorize additional licensed professionals to initiate commitment proceedings, in addition to existing petitioners.

Key provisions

  • Amended language (Section 35): The bill replaces the current petitioners list with a broader set. The new language reads:
    • "Any police officer, physician, spouse, blood relative, guardian, court official, Licensed Alcohol and Drug Counselor (I or II), or Licensed Social Worker may petition in writing any district court, or any division of the juvenile court department for an order of commitment of a person whom they have reason to believe has an alcohol or substance use disorder."
  • Effective date: The act takes effect upon passage.
  • Section 2: Provides that the amendment becomes law immediately once enacted.

Note on change:
- The amendment expands eligibility to petition for commitment to include Licensed Alcohol and Drug Counselors (I or II) and Licensed Social Workers, alongside the existing authorities (police officer, physician, spouse, blood relative, guardian, or court official).

Who is affected

  • Individuals believed to have an alcohol or substance use disorder may be subject to commitment orders pursued by a broader set of petitioners.
  • Affected professionals:
    • Licensed Alcohol and Drug Counselors (I or II)
    • Licensed Social Workers
    • Existing petitioners (police officers, physicians, spouses, blood relatives, guardians, and court officials)
  • Courts: District courts and divisions of the juvenile court department remain the venues for filing petitions.

Procedural and timeline aspects

  • Introduced: February 27, 2025
  • Legislative path: Referred to the Judiciary committee; Senate action noted as concurrent with the bill’s progression.
  • Hearing schedule: As of the latest actions, a hearing was set for November 18, 2025, with times adjusted from an earlier range. The hearing was rescheduled and the virtual hearing end time updated (from an initial 1:00 PM–8:00 PM window to a revised end time, with subsequent listings showing 1:00 PM–5:00 PM for that date).
  • Sponsors: Primary sponsor Christopher Hendricks (representative for New Bedford, 11th Bristol district).
  • Related/baseline bill: HD 324 is noted as replacing or closely related to this measure.

Potential impact and considerations

  • Access and timeliness: Expanding petitioners could improve early identification and processing of individuals who may benefit from commitment procedures, as more licensed professionals can initiate proceedings.
  • Safeguards: With broader petitioning authority, courts may require continued attention to due process, appropriate standards for reasonable belief, and evidentiary requirements in commitment proceedings.
  • Implementation: Agencies employing Licensed Alcohol and Drug Counselors and Licensed Social Workers may need guidance or training on petitioning procedures to ensure consistency with the amended language.

This summary presents the bill’s substantive changes, who it affects, and the procedural steps and timelines currently associated with H.1741.

Compiled from official sources — confirm details with the bill’s official record.

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