Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3786 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. 3689 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3786
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kip A. Diggs
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 to protect victims and the public from sexual assault and other violent crimes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kip A. Diggs2nd Barnstable1/18/2023Paul R. FeeneyBristol and Norfolk3/16/2023 1 of 6
16	16	HOUSE DOCKET, NO. 3689 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3786
18	18	By Representative Diggs of Barnstable, a petition (accompanied by bill, House, No. 3786) of Kip
19	19	A. Diggs and Paul R. Feeney for legislation to protect victims and the public from sexual assault
20	20	and other violent crimes. 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 to protect victims and the public from sexual assault and other violent crimes.
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. Section 26 of chapter 218 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by inserting after the figure 274, in line 28, the following
31	31	3words:- , section 13F of chapter 268.
32	32	4 SECTION 2. Chapter 268 of the General Laws, as so appearing, is hereby amended by
33	33	5inserting after section 13E the following section:-
34	34	6 Section 13F. (a) Whoever unlawfully removes, destroys, damages or interferes with the
35	35	7proper functioning of a geolocation monitoring device, breath-testing instrument or other
36	36	8mechanism intended to facilitate recognizance or compliance with conditions of pretrial release,
37	37	9probation or parole shall be punished by imprisonment in the state prison for no more than 10
38	38	10years or imprisonment in a house of correction for no more than 2½ years.
39	39	11 (b) In any proceeding under sections 57 to 58B, inclusive, of chapter 276, the fact of a
40	40	12person’s prior conviction pursuant to subsection (a) shall be prima facie evidence that there is no 2 of 6
41	41	13financial condition or other condition of release that will reasonably assure the presence of the
42	42	14person so convicted.
43	43	15 SECTION 3. Section 57 of chapter 276 of the General Laws, as so appearing, is hereby
44	44	16amended by striking out the fourth paragraph and inserting in place thereof the following
45	45	17paragraph:-
46	46	18 In a case involving a dangerous crime as defined in subsection (1) of section 58A with an
47	47	19identified victim, no person shall be released, pursuant to section 57 to 58B, inclusive, before the
48	48	20alleged victim is notified of the defendant’s imminent release; provided, however, that the
49	49	21defendant shall not be held more than 6 hours in order to permit prior notice to the alleged
50	50	22victim. When a defendant is to be released from the custody of a police department, such notice
51	51	23shall be provided by the police department. When a defendant is to be released from a
52	52	24courthouse, such notice shall be provided by the district attorney’s office. When a defendant is to
53	53	25be released from a jail or correctional facility, such notice shall be provided by the
54	54	26superintendent. The person or agency responsible for providing notice shall undertake to provide
55	55	27notice promptly.
56	56	28 SECTION 4. Section 58 of said chapter 276, as so appearing, is hereby amended by
57	57	29striking out the fourth paragraph and inserting in place thereof the following paragraph:-
58	58	30 In a case involving a dangerous crime as defined in subsection (1) of section 58A with an
59	59	31identified victim, no person shall be released, pursuant to section 57 to 58B, inclusive, before the
60	60	32alleged victim is notified of the defendant’s imminent release; provided, however, that the
61	61	33defendant shall not be held more than 6 hours in order to permit prior notice to the alleged
62	62	34victim. When a defendant is to be released from the custody of a police department, such notice 3 of 6
63	63	35shall be provided by the police department. When a defendant is to be released from a
64	64	36courthouse, such notice shall be provided by the district attorney’s office. When a defendant is to
65	65	37be released from a jail or correctional facility, such notice shall be provided by the
66	66	38 superintendent. The person or agency responsible for providing notice shall undertake to
67	67	39provide notice promptly.
68	68	40 SECTION 5. Section 58A of said chapter 276, as so appearing, is hereby amended by
69	69	41striking out subsection (1) and inserting in place thereof the following subsection:-
70	70	42 (1) For the purposes of this section the following term shall, unless the context clearly
71	71	43requires otherwise, have the following meaning:
72	72	44 “Dangerous crime”, any of the following:
73	73	45 (a) a felony that has as an element of the crime: the use, attempted use or threatened use
74	74	46of physical force against the person of another;
75	75	47 (b) a violation of an order pursuant to section 18, 34B or 34C of chapter 208; section 32
76	76	48of chapter 209; section 3 to 5, inclusive, of chapter 209A; or section 15 or 20 of chapter 209C;
77	77	49 (c) a misdemeanor or felony involving abuse as defined in section 1 of said chapter
78	78	50209A;
79	79	51 (d) a sex offense involving a child as defined in section 178C of chapter 6;
80	80	52 (e) a violation of section 13B to 13 B ¾, inclusive, 13F, 22 to 24, inclusive, 26B, 26C, 50
81	81	53or 51 of chapter 265 or a violation of section 13D of said chapter 265 in which the public
82	82	54employee is a police officer; 4 of 6
83	83	55 (f) a violation of section 4A, 4B or 29A to 29C, inclusive, of chapter 272;
84	84	56 (g) a violation of section of section 24 of chapter 90 or section 8 of chapter 90B;
85	85	57 (h) threats to kill, rape or cause serious bodily injury; and
86	86	58 (i) conspiracy or solicitation to commit any of the above enumerated crimes.
87	87	59 SECTION 6. Subsection (3) of said section 58A of said chapter 276, as so appearing, is
88	88	60hereby amended by striking out the second sentence and inserting in place thereof the following
89	89	61sentence:- A person detained under this subsection shall be detained until the disposition of the
90	90	62case and shall be brought to trial as soon as reasonably possible as defined in Massachusetts
91	91	63 Rules of Criminal Procedure Rule 36(b).
92	92	64 SECTION 7. Subsection (4) of said section 58A of said chapter 276, as so appearing, is
93	93	65hereby amended by striking out the first paragraph and inserting in place thereof the following 2
94	94	66paragraphs:-
95	95	67 When a person is held under arrest for an offense listed in subsection (1), a hearing shall
96	96	68take place no later than the next day that the superior, district, Boston municipal or juvenile court
97	97	69 in the place of jurisdiction is in session, provided the case involves a crime of abuse. In
98	98	70the case involving a crime of abuse: (i) the commonwealth shall be the only party permitted to
99	99	71move for arraignment within 3 hours of a complaint being signed by a magistrate or a
100	100	72magistrate’s designee; and (2) a defendant arrested, who has attained the age of 18 years, shall
101	101	73not be released sooner than 6 hours after arrest, except by a judge in open court. 5 of 6
102	102	74 In any pending case where the defendant has been first arraigned in the district, Boston
103	103	75municipal or juvenile court and is subsequently arraigned in superior court for the same or
104	104	76related crimes arising out of the same incident, the superior court may conduct a new hearing
105	105	77upon motion of the commonwealth provided that any order of the district, Boston municipal or
106	106	78juvenile court concerning the defendant shall remain in effect until such time as the superior
107	107	79court issues a new order. In any such new hearing in the superior court, the judge shall consider
108	108	80the defendant’s compliance with any previously ordered conditions of release.
109	109	81 SECTION 8. Said subsection (4) of said section 58A of said chapter 276, as so appearing,
110	110	82is hereby further amended by inserting after the seventh sentence the following sentence:- At the
111	111	83hearing, the judge shall have immediate access to all pending and prior criminal offender record
112	112	84information, board of probation records, out of state criminal records and police and incident
113	113	85reports related to the defendant over the previous 5 years, upon oral, telephonic, facsimile or
114	114	86electronic mail request, to the extent practicable.
115	115	87 SECTION 9. Said subsection (4) of said section 58A of said chapter 276, as so appearing,
116	116	88is hereby further amended by striking out the tenth sentence and inserting in place thereof the
117	117	89following sentence:- A person detained under this subsection shall be detained until the
118	118	90disposition of the case and shall brought to trial as soon as reasonably possible as defined in
119	119	91Massachusetts Rules of Criminal Procedure Rule 36(b).
120	120	92 SECTION 10. Said subsection (4) of said section 58A of said chapter 276, as so
121	121	93appearing, is hereby further amended by striking out the eleventh sentence and inserting in place
122	122	94thereof the following 2 sentences:- Any hearing may be reopened by the judge or upon motion of
123	123	95the commonwealth or the defendant, provided that the judge determines by a preponderance of 6 of 6
124	124	96the evidence that: (1) information exists that was not known to the movant at the time of the
125	125	97hearing or there has been a material change in circumstances; and (2) such information or change
126	126	98in circumstances has a substantial bearing on the issue of whether the defendant’s detention,
127	127	99defendant’s release on conditions, or conditions imposed on the defendant are necessary and
128	128	100sufficient to reasonably assure the appearance of the defendant and the safety of any other person
129	129	101and the community. In any such reopened hearing, the judge shall consider the defendant’s
130	130	102compliance with any previously ordered conditions of release.