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SD 1356

An Act to remove collateral consequences and protect the presumption of innocence

194th Legislature (2025-2026) Introduced by Jo Comerford and 5 co-sponsors

Massachusetts bill restricts employers and licensing agencies from taking adverse employment or professional actions against people based on arrest or charges before conviction.

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Bill Summary · SD 1356

Legislative bill overview

SD 1356 seeks to limit the collateral consequences that individuals face when accused of crimes, before conviction. The bill aims to protect the presumption of innocence by restricting when employers, licensing boards, and other entities can take adverse actions against people based solely on arrest or pending charges rather than final conviction.

Why is this important

Collateral consequences—such as job loss, professional license suspension, or housing denial—can occur before trial or acquittal, potentially undermining the presumption of innocence and creating barriers to a fair defense. These consequences disproportionately affect lower-income individuals who cannot afford bail or legal representation. The bill addresses a system where people can suffer severe life disruptions for charges they may never be convicted of.

Potential points of contention

  • Business/licensing board concerns: Employers and professional boards may argue they need flexibility to assess risk; mandating they employ or certify accused individuals could face resistance from industries citing safety or liability concerns
  • Scope and enforceability: Questions remain about which entities are covered, how violations are penalized, and whether the bill adequately defines "collateral consequences"
  • Public safety arguments: Opponents may contend that restrictions prevent organizations from protecting customers or clients when someone poses potential risk during pending proceedings

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

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