Resolve for a commission to review, replace, and eliminate the Grand Jury System

194th Legislature (2025-2026) Introduced by Jason Lewis

Massachusetts Senate Resolve creates a Special Commission to study the Grand Jury System, consider alternatives, and report potential replacement or reform within 24 months.

Overview

Bill SD 900 is a Massachusetts Senate resolve proposing the establishment of a Special Commission to scrutinize the Grand Jury System in the Commonwealth. The bill frames this as a comprehensive review that could lead to replacement or elimination of the current Grand Jury framework, with the Commission empowered to recommend reforms or alternative mechanisms for charging procedures. The measure reflects ongoing questions about the utility and fairness of grand juries and suggests Massachusetts should re-examine this historic institution in light of contemporary practices and outcomes.

What the bill would do

Establish a Special Commission to investigate the Grand Jury System, consider alternatives, and make recommendations for reform, replacement, or elimination.

Commission findings could inform potential new procedures for bringing charges to court, including streamlined processes and standards for charging.

Key provisions and requirements

Purpose: Review, consider, evaluate, and potentially replace the Grand Jury System; study other jurisdictions and data to determine appropriate actions.

Scope: Include analysis of alternative legal mechanisms and data on outcomes; evaluate how charges are brought to courts under any proposed reforms.

Hearings: Must hold public hearings at five or more locations (Boston plus four regional sites) to collect information and historical context; ensure accessibility and transparency.

Commission composition and appointment

Membership: A diverse group including:

Dean(s) of Massachusetts law schools (or their designees)
Massachusetts Constitutional Officers (or designees)
Representatives from the Judiciary, law enforcement (including District Attorneys and Sheriffs), the broader legal profession
Stakeholders such as public defenders, legal reformers, and other relevant individuals

Leadership: The Commission would select a Chair and Vice Chair from among its members.

Expenses: Authorized to expend reasonable funds to fulfill its duties.

Procedural and timeline aspects

Co-appointment: Members would be appointed jointly by the Governor and the Attorney General.

Reporting deadline: A timely report with general findings, analysis, and specific recommendations is to be issued within 24 months from the completion of member appointments.

Potential next steps: The measure indicates that the Commission’s work could lead to additional legislation or updates to the legal framework governing charging decisions.

Potential impact and considerations

Short-term: Creation of a formal, statewide review process and stakeholder engagement around the Grand Jury System.

Long-term: Depending on findings, the bill could pave the way for significant reforms or replacement of grand juries with alternative mechanisms for initiating charges.

Stakeholders affected: Prosecutors, jurors (historical mechanism), defense counsel, law enforcement, the courts, and the broader public concerned with due process and criminal justice reform.

Note: This is a “Resolve” bill—purpose-built to study and make recommendations, rather than immediately mandating a specific statutory change.

Bill