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HOUSE DOCKET, NO. 3689 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3786
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kip A. Diggs
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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 to protect victims and the public from sexual assault and other violent crimes.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kip A. Diggs2nd Barnstable1/18/2023Paul R. FeeneyBristol and Norfolk3/16/2023 1 of 6
HOUSE DOCKET, NO. 3689 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3786
By Representative Diggs of Barnstable, a petition (accompanied by bill, House, No. 3786) of Kip
A. Diggs and Paul R. Feeney for legislation to protect victims and the public from sexual assault
and other violent crimes. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to protect victims and the public from sexual assault and other violent crimes.
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 26 of chapter 218 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the figure 274, in line 28, the following
3words:- , section 13F of chapter 268.
4 SECTION 2. Chapter 268 of the General Laws, as so appearing, is hereby amended by
5inserting after section 13E the following section:-
6 Section 13F. (a) Whoever unlawfully removes, destroys, damages or interferes with the
7proper functioning of a geolocation monitoring device, breath-testing instrument or other
8mechanism intended to facilitate recognizance or compliance with conditions of pretrial release,
9probation or parole shall be punished by imprisonment in the state prison for no more than 10
10years or imprisonment in a house of correction for no more than 2½ years.
11 (b) In any proceeding under sections 57 to 58B, inclusive, of chapter 276, the fact of a
12person’s prior conviction pursuant to subsection (a) shall be prima facie evidence that there is no 2 of 6
13financial condition or other condition of release that will reasonably assure the presence of the
14person so convicted.
15 SECTION 3. Section 57 of chapter 276 of the General Laws, as so appearing, is hereby
16amended by striking out the fourth paragraph and inserting in place thereof the following
17paragraph:-
18 In a case involving a dangerous crime as defined in subsection (1) of section 58A with an
19identified victim, no person shall be released, pursuant to section 57 to 58B, inclusive, before the
20alleged victim is notified of the defendant’s imminent release; provided, however, that the
21defendant shall not be held more than 6 hours in order to permit prior notice to the alleged
22victim. When a defendant is to be released from the custody of a police department, such notice
23shall be provided by the police department. When a defendant is to be released from a
24courthouse, such notice shall be provided by the district attorney’s office. When a defendant is to
25be released from a jail or correctional facility, such notice shall be provided by the
26superintendent. The person or agency responsible for providing notice shall undertake to provide
27notice promptly.
28 SECTION 4. Section 58 of said chapter 276, as so appearing, is hereby amended by
29striking out the fourth paragraph and inserting in place thereof the following paragraph:-
30 In a case involving a dangerous crime as defined in subsection (1) of section 58A with an
31identified victim, no person shall be released, pursuant to section 57 to 58B, inclusive, before the
32alleged victim is notified of the defendant’s imminent release; provided, however, that the
33defendant shall not be held more than 6 hours in order to permit prior notice to the alleged
34victim. When a defendant is to be released from the custody of a police department, such notice 3 of 6
35shall be provided by the police department. When a defendant is to be released from a
36courthouse, such notice shall be provided by the district attorney’s office. When a defendant is to
37be released from a jail or correctional facility, such notice shall be provided by the
38 superintendent. The person or agency responsible for providing notice shall undertake to
39provide notice promptly.
40 SECTION 5. Section 58A of said chapter 276, as so appearing, is hereby amended by
41striking out subsection (1) and inserting in place thereof the following subsection:-
42 (1) For the purposes of this section the following term shall, unless the context clearly
43requires otherwise, have the following meaning:
44 “Dangerous crime”, any of the following:
45 (a) a felony that has as an element of the crime: the use, attempted use or threatened use
46of physical force against the person of another;
47 (b) a violation of an order pursuant to section 18, 34B or 34C of chapter 208; section 32
48of chapter 209; section 3 to 5, inclusive, of chapter 209A; or section 15 or 20 of chapter 209C;
49 (c) a misdemeanor or felony involving abuse as defined in section 1 of said chapter
50209A;
51 (d) a sex offense involving a child as defined in section 178C of chapter 6;
52 (e) a violation of section 13B to 13 B ¾, inclusive, 13F, 22 to 24, inclusive, 26B, 26C, 50
53or 51 of chapter 265 or a violation of section 13D of said chapter 265 in which the public
54employee is a police officer; 4 of 6
55 (f) a violation of section 4A, 4B or 29A to 29C, inclusive, of chapter 272;
56 (g) a violation of section of section 24 of chapter 90 or section 8 of chapter 90B;
57 (h) threats to kill, rape or cause serious bodily injury; and
58 (i) conspiracy or solicitation to commit any of the above enumerated crimes.
59 SECTION 6. Subsection (3) of said section 58A of said chapter 276, as so appearing, is
60hereby amended by striking out the second sentence and inserting in place thereof the following
61sentence:- A person detained under this subsection shall be detained until the disposition of the
62case and shall be brought to trial as soon as reasonably possible as defined in Massachusetts
63 Rules of Criminal Procedure Rule 36(b).
64 SECTION 7. Subsection (4) of said section 58A of said chapter 276, as so appearing, is
65hereby amended by striking out the first paragraph and inserting in place thereof the following 2
66paragraphs:-
67 When a person is held under arrest for an offense listed in subsection (1), a hearing shall
68take place no later than the next day that the superior, district, Boston municipal or juvenile court
69 in the place of jurisdiction is in session, provided the case involves a crime of abuse. In
70the case involving a crime of abuse: (i) the commonwealth shall be the only party permitted to
71move for arraignment within 3 hours of a complaint being signed by a magistrate or a
72magistrate’s designee; and (2) a defendant arrested, who has attained the age of 18 years, shall
73not be released sooner than 6 hours after arrest, except by a judge in open court. 5 of 6
74 In any pending case where the defendant has been first arraigned in the district, Boston
75municipal or juvenile court and is subsequently arraigned in superior court for the same or
76related crimes arising out of the same incident, the superior court may conduct a new hearing
77upon motion of the commonwealth provided that any order of the district, Boston municipal or
78juvenile court concerning the defendant shall remain in effect until such time as the superior
79court issues a new order. In any such new hearing in the superior court, the judge shall consider
80the defendant’s compliance with any previously ordered conditions of release.
81 SECTION 8. Said subsection (4) of said section 58A of said chapter 276, as so appearing,
82is hereby further amended by inserting after the seventh sentence the following sentence:- At the
83hearing, the judge shall have immediate access to all pending and prior criminal offender record
84information, board of probation records, out of state criminal records and police and incident
85reports related to the defendant over the previous 5 years, upon oral, telephonic, facsimile or
86electronic mail request, to the extent practicable.
87 SECTION 9. Said subsection (4) of said section 58A of said chapter 276, as so appearing,
88is hereby further amended by striking out the tenth sentence and inserting in place thereof the
89following sentence:- A person detained under this subsection shall be detained until the
90disposition of the case and shall brought to trial as soon as reasonably possible as defined in
91Massachusetts Rules of Criminal Procedure Rule 36(b).
92 SECTION 10. Said subsection (4) of said section 58A of said chapter 276, as so
93appearing, is hereby further amended by striking out the eleventh sentence and inserting in place
94thereof the following 2 sentences:- Any hearing may be reopened by the judge or upon motion of
95the commonwealth or the defendant, provided that the judge determines by a preponderance of 6 of 6
96the evidence that: (1) information exists that was not known to the movant at the time of the
97hearing or there has been a material change in circumstances; and (2) such information or change
98in circumstances has a substantial bearing on the issue of whether the defendant’s detention,
99defendant’s release on conditions, or conditions imposed on the defendant are necessary and
100sufficient to reasonably assure the appearance of the defendant and the safety of any other person
101and the community. In any such reopened hearing, the judge shall consider the defendant’s
102compliance with any previously ordered conditions of release.