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