Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1401 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3902 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1401
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Antonio F. D. Cabral
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to Massachusetts state sovereignty.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/20/2023Lindsay N. Sabadosa1st Hampshire1/25/2023Orlando Ramos9th Hampden1/26/2023Christopher Hendricks11th Bristol1/26/2023James K. Hawkins2nd Bristol1/27/2023Paul A. Schmid, III8th Bristol2/1/2023Vanna Howard17th Middlesex2/1/2023Mindy Domb3rd Hampshire2/8/2023Steven Owens29th Middlesex2/10/2023Christine P. Barber34th Middlesex2/14/2023Erika Uyterhoeven27th Middlesex2/22/2023Patricia A. Duffy5th Hampden2/22/2023Tricia Farley-Bouvier2nd Berkshire2/23/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023Samantha Montaño15th Suffolk2/25/2023Ruth B. Balser12th Middlesex3/2/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3902 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1401
18	18	By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1401) of
19	19	Antonio F. D. Cabral and others relative to existing agreements by the Commonwealth, law
20	20	enforcement agencies, municipalities, or other subdivisions. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to Massachusetts state sovereignty.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 12 of the General Laws, as appearing in the 2020 Official Edition,
30	30	2is hereby amended by inserting after Section 5O the following new sections:-
31	31	3 Section 5P.
32	32	4 (a) As used in this section, the following words shall have the following meanings:
33	33	5 “Agreement”, any contract, agreement, memorandum of understanding, or other
34	34	6arrangement to arrest, detain, or house any person for the purpose of civil immigration detention,
35	35	7including for the purpose of detention pursuant to Sections 1225, 1226, or 1231 of Title 8 of the
36	36	8United States Code; and any contract, agreement, memorandum of understanding, or other
37	37	9arrangement pursuant to Section 1357(g) of Title 8 of the United States Code.
38	38	10 "Law enforcement agency”, an agency in the Commonwealth charged with enforcement
39	39	11of state and municipal laws or with managing custody of detained or incarcerated persons in the 2 of 4
40	40	12state, including but not limited to municipal police departments, sheriff's departments, campus
41	41	13police departments, the Department of Corrections, Massachusetts State Police, and the
42	42	14Department of Youth Services.
43	43	15 (b) The Commonwealth and any law enforcement agencies, municipalities, or other
44	44	16subdivisions thereof shall not be authorized to enter into a new agreement, to extend, modify or
45	45	17renew an existing agreement, or to remain in an existing agreement longer than ninety days from
46	46	18the date on which this act takes effect.
47	47	19 (c) The Attorney General may promulgate rules and regulations for purposes of
48	48	20implementing this section.
49	49	21 (d) Nothing in this Section shall preclude an employee or representative of a law
50	50	22enforcement agency from otherwise executing that person’s professional duties in ensuring
51	51	23public safety, provided that they do not make, extend, modify, renew, or remain in an agreement
52	52	24in violation of this section.
53	53	25 (e) Whenever the Attorney General has reason to believe that any person or entity is
54	54	26violating the provisions of this section, he or she may bring an action in the name of the
55	55	27Commonwealth against such person or entity to restrain such violation by temporary restraining
56	56	28order or preliminary or permanent injunction. The action may be brought in the Superior Court
57	57	29of the county in which such violation is occurring or is reasonably anticipated to occur, or in the
58	58	30Superior Court of Suffolk County, at the Attorney General’s election. Nothing herein shall
59	59	31preclude a private action concerning any violation of this section against any person or entity, to
60	60	32the extent otherwise permitted by law.
61	61	33 Section 5Q. 3 of 4
62	62	34 (a) As used in this section, the following words shall have the following meanings:
63	63	35
64	64	36 “Law enforcement agency”, the sheriffs and their offices and departments, and the police
65	65	37departments of municipalities and other subdivisions of the Commonwealth.
66	66	38
67	67	39 “Agreement”, any contract, agreement, or memorandum of understanding to which the
68	68	40government of the United States is party, regardless of subject matter.
69	69	41
70	70	42 “Deputization”, any deputization by the government of the United States or any other
71	71	43conferral of authority to act with the power of an officer or employee of the government of the
72	72	44United States, including pursuant to Sections 0.19(a)(3) and 0.112 of title 28 of the Code of
73	73	45Federal Regulations.
74	74	46
75	75	47 (b) Prior to agreeing to or otherwise accepting any agreement or deputization, or
76	76	48authorizing any employee to agree to or otherwise accept any agreement or deputization, a law
77	77	49enforcement agency must seek and receive written authorization from the Governor or the
78	78	50Governor’s written designee. Such authorization shall be memorialized in writing and signed by
79	79	51the Governor or his or her designee, and a copy of the writing shall promptly be transmitted to
80	80	52the Executive Office of Public Safety and Security, which shall retain it for as long as the law
81	81	53may require, but in any event no less than six years after the date of execution or after the
82	82	54authorization expires, whichever is later. 4 of 4
83	83	55
84	84	56 (c) The Executive Office of Public Safety and Security may promulgate rules and
85	85	57regulations for purposes of implementing this section.
86	86	58
87	87	59 (d) Whenever the Attorney General has reason to believe that any person or entity is
88	88	60violating the provisions of this section, he or she may bring an action in the name of the
89	89	61Commonwealth against such person or entity to restrain such violation by temporary restraining
90	90	62order or preliminary or permanent injunction. The action may be brought in the Superior Court
91	91	63of the county in which such violation is occurring or is reasonably anticipated to occur, or in the
92	92	64Superior Court of Suffolk county, at the Attorney General’s election. Nothing herein shall
93	93	65preclude a private action concerning any violation of this section against any person or entity, to
94	94	66the extent otherwise permitted by law.
95	95	67 (e) Nothing herein shall be construed to expand the authority of the Governor, the
96	96	68Commonwealth, or any municipality or other subdivision thereof to enter into any agreement, or
97	97	69accept any deputization, that is not otherwise authorized by law.
98	98	70 SECTION 2. This act shall take effect upon its passage.
99	99	71