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Senate votes to remove archaic "blasphemy," "common night walker" and other relics from statutes
Summary
The Senate advanced S.1034 to repeal a set of archaic laws — including a blasphemy statute and language used to criminalize certain conduct — and created a permanent commission to identify additional outdated laws; the chamber adopted amendments including removal of the petite treason offense.
The Massachusetts Senate on Monday ordered S.1034, An Act amending certain archaic laws, to a third reading and passed the measure to be engrossed after adopting several floor amendments that struck antiquated criminal provisions from the General Laws.
Sponsor Senator William N. Brownsberger told colleagues the bill repeals a set of laws rooted in centuries‑old language and practice, including provisions that have been used discriminatorily. “This bill…repeals several archaic laws,” he said, noting some provisions date to the 17th and 18th centuries.
Why it matters: Lawmakers described the package as corrective — removing statutes whose original language reflected religious or social regimes long out of step with modern constitutional protections. Senator Rebecca L. Rausch focused on the blasphemy provision’s history and consequences, describing capital punishments tied to the statute in the 17th century and underscoring that the statute is effectively unconstitutional today.
Amendments and actions: The Senate adopted an amendment from Senator Dominic D. DiDomenico (listed in the transcript as D. Domenico) to remove the crime of petite treason from the General Laws; the sponsor and other senators said petite treason historically applied to enslaved people who killed enslavers and to certain other relationships and had been used discriminatorily. Another amendment adopted added the Supreme Judicial Court to the list of entities that will receive reports from the newly created commission charged with ongoing review of archaic laws. After debate and roll call, the Senate passed the bill to be engrossed; the clerk recorded 40 affirmative votes and none opposed.
Discussion versus decision: Floor debate included statements about historical abuses and the need to modernize the code. The transcript records unanimous or near‑unanimous support for the bill and for specific amendments striking the named provisions.
What happens next: The bill was ordered to a third reading and passed to be engrossed by the Senate; further legislative steps (House concurrence and any signature by the governor) are outside the scope of the transcript.
Background details: Senators cited examples of historic punishments and several centuries of legal text that the bill would repeal. Supporters framed the measure as part of a broader effort to protect civil liberties and to ensure state law reflects contemporary standards of equality and privacy.
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