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2 | 2 | | HOUSE DOCKET, NO. 3647 FILED ON: 1/20/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2296 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Antonio F. D. Cabral |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to enforcing federal law. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/20/2023Carmine Lawrence Gentile13th Middlesex1/25/2023Jack Patrick Lewis7th Middlesex1/26/2023Christopher Hendricks11th Bristol1/26/2023James K. Hawkins2nd Bristol1/27/2023Vanna Howard17th Middlesex1/30/2023Paul A. Schmid, III8th Bristol2/1/2023Michelle M. DuBois10th Plymouth2/7/2023 1 of 2 |
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16 | 16 | | HOUSE DOCKET, NO. 3647 FILED ON: 1/20/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2296 |
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18 | 18 | | By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2296) of |
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19 | 19 | | Antonio F. D. Cabral and others relative to enforcement of certain federal law by sheriffs and |
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20 | 20 | | employees of correctional institutions. Public Safety and Homeland Security. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to enforcing federal law. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 37 of the General Laws, as appearing in the 2020 Official Edition, |
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30 | 30 | | 2is hereby amended by adding the following section: |
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31 | 31 | | 3 Section 27. Agreements to Enforce Federal Law |
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32 | 32 | | 4 (a) Sheriffs and their employees may only perform functions pursuant to an agreement |
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33 | 33 | | 5described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee |
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34 | 34 | | 6compensation, are borne solely by the Federal government and there is a state statute explicitly |
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35 | 35 | | 7authorizing such agreements. |
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36 | 36 | | 8 (b) The Sheriff shall keep books, records and accounts of all activities under this section, |
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37 | 37 | | 9which shall be open to inspection and shall be annually reported to the house and senate |
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38 | 38 | | 10committees on ways and means, the joint committee on the judiciary and the joint committee on |
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39 | 39 | | 11public safety and homeland security. Said book shall be a public record, as defined in clause 27 |
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40 | 40 | | 12of section 7 of chapter 4 of the General Laws. 2 of 2 |
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41 | 41 | | 13 SECTION 2. Chapter 124 of the General Laws, as so appearing, is hereby amended by |
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42 | 42 | | 14adding the following section: |
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43 | 43 | | 15 Section 11. Agreements to Enforce Federal Law. |
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44 | 44 | | 16 (a) Any employee of the department of corrections, jail, houses of corrections, or other |
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45 | 45 | | 17correctional institutions of the Commonwealth may only perform functions pursuant to an |
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46 | 46 | | 18agreement described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee |
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47 | 47 | | 19compensation, are borne solely by the Federal government and there is a state statute explicitly |
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48 | 48 | | 20authorizing such agreements. |
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49 | 49 | | 21 (b) The commissioner of correction shall keep books, records and accounts of all |
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50 | 50 | | 22activities under this section, which shall be open to inspection and shall be annually reported to |
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51 | 51 | | 23the house and senate committees on ways and means, the joint committee on the judiciary and |
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52 | 52 | | 24the joint committee on public safety and homeland security. Said book shall be a public record, |
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53 | 53 | | 25as defined in clause 27 of section 7 of chapter 4 of the General Laws. |
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54 | 54 | | 26 |
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55 | 55 | | 27 |
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