Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1438 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. 3913 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1438
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael S. Day and Marjorie C. Decker
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 access to justice.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/20/2023Marjorie C. Decker25th Middlesex1/20/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3913 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1438
18	18	By Representatives Day of Stoneham and Decker of Cambridge, a petition (accompanied by bill,
19	19	House, No. 1438) of Michael S. Day and Marjorie C. Decker relative to interviews or
20	20	questioning conducted for immigration investigations or enforcement purposes. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1519 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to access to justice.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2018
32	32	2Official Edition, is hereby amended by inserting after clause (i) the following clause:-
33	33	3 (j) The department shall not disclose to any federal agency or permit any federal agency
34	34	4to access any files, data, or other information from the Massachusetts Registry of Motor Vehicles
35	35	5for purposes of civil immigration enforcement, provided that information concerning a particular
36	36	6identified individual may be disclosed upon receipt of a probable cause warrant signed by a
37	37	7judge. The Attorney General is authorized to bring an action in state or federal court to quash,
38	38	8modify, or otherwise contest any demand for information not in accordance with the
39	39	9requirements of this paragraph. 2 of 4
40	40	10 SECTION 2. Said chapter 6 is hereby further amended by inserting in the first sentence
41	41	11of subclause (1) of clause (a) of section 172 after the word “duties”:-
42	42	12 ; provided that criminal offender record information shall not be accessed or disclosed for
43	43	13any non-criminal justice purpose, including civil enforcement duties.
44	44	14 SECTION 3. Said clause (a) is hereby further amended by inserting at the end of
45	45	15subclause (30) after the word “databases”:-
46	46	16 ; provided that criminal offender record information shall not be accessed or disclosed for
47	47	17any non-criminal justice purpose, including civil enforcement duties.
48	48	18 SECTION 4. Section 24 of chapter 37 of the General Laws is hereby amended by
49	49	19inserting after clause (e) the following clause:-
50	50	20 (f) federal detainees housed in their facilities to and from the several divisions or
51	51	21departments of the trial court, pursuant to a valid state court writ of habeas corpus.
52	52	22 SECTION 5. Chapter 147 of the General Laws is hereby amended by inserting after
53	53	23section 62 the following section:-
54	54	24 Section 63. (a) An interview or any questioning conducted for immigration investigation
55	55	25or enforcement purposes of a person in the custody of any state or local law enforcement agency,
56	56	26sheriff’s office, the department of correction, or Massachusetts court, shall take place only with
57	57	27the written informed consent of the person in custody, unless otherwise required by federal law.
58	58	28If the person in custody indicates that they wish to have an attorney present for an interview with
59	59	29a federal agent, the custodian shall allow them to contact such attorney, and in the case that no 3 of 4
60	60	30attorney can be present, the interview shall not take place. The custodian agency shall not be
61	61	31responsible for the payment of the person’s attorney’s fees and expenses.
62	62	32 (b) The office of the attorney general shall prepare a uniform consent form in English and
63	63	33other languages commonly spoken in Massachusetts for use pursuant to subsection (a), which
64	64	34shall: (i) explain the purpose of the interview, that the interview is voluntary, that the person may
65	65	35decline to be interviewed or may choose to be interviewed only with an attorney present, and that
66	66	36the person may decline to sign any documents presented to them at the interview; and (ii)
67	67	37document the person’s consent or lack thereof, whether an interview took place, and, if so,
68	68	38whether an attorney was present. Custodian agencies shall make their best efforts to provide a
69	69	39form in a language that the person understands, and to provide interpretation if needed. Consent
70	70	40forms shall be public records as defined in clause Twenty-sixth of section 7 of chapter 4,
71	71	41provided that the name, address, phone number and other personal identifying information
72	72	42regarding the interview subject shall not be a public record.
73	73	43 (c) The provisions of paragraphs (a) and (b) shall not apply to persons in federal custody
74	74	44who are held in a state or local facility pursuant to an intergovernmental contract.
75	75	45 (d) Court officers, clerks, probation department employees, other trial court
76	76	46administrative personnel, prosecutors, and personnel of the prosecutor’s office, may provide
77	77	47federal agencies or agents with information relating to any person involved in matters before the
78	78	48court only upon request and in the same manner and to the same extent as such information is
79	79	49lawfully made available to the general public. Such officials shall not otherwise notify federal
80	80	50agencies or agents of the presence of individuals attending proceedings in Massachusetts
81	81	51courthouses, unless required by federal law. 4 of 4
82	82	52 (e) The superior court in the county where the person is held shall be authorized to hear
83	83	53any claim in law or equity arising from violation of this section.
84	84	54 SECTION 6. Section 3 of chapter 258B of the General Laws is hereby amended by
85	85	55inserting after clause (w) the following clause:-
86	86	56 (x) for victims, family members, and witnesses, to not be asked by a law enforcement
87	87	57agency, the prosecutor, personnel in the prosecutor’s office, trial court personnel, or parole,
88	88	58probation or corrections officials about their immigration status, or the immigration status of
89	89	59their family members, unless such inquiry is required by federal or state law; provided that a
90	90	60judge or magistrate may make such inquiries as are necessary to adjudicate matters within their
91	91	61jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any
92	92	62information regarding immigration status as it deems appropriate to protect the liberty interests
93	93	63of victims, family members and witnesses.