| 1 | 1 | | HOUSE . . . . . . . . No. 4833 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, July 10, 2024. |
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| 5 | 5 | | The committee on the Judiciary, to whom were referred the petition |
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| 6 | 6 | | (accompanied by bill, Senate, No. 941) of Brendan P. Crighton for |
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| 7 | 7 | | legislation relative to access to justice and the petition (accompanied by |
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| 8 | 8 | | bill, House, No. 1438) of Michael S. Day and Marjorie C. Decker relative |
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| 9 | 9 | | to interviews or questioning conducted for immigration investigations or |
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| 10 | 10 | | enforcement purposes, reports recommending that the accompanying bill |
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| 11 | 11 | | (House, No. 4833) ought to pass. |
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| 12 | 12 | | For the committee, |
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| 13 | 13 | | MICHAEL S. DAY. 1 of 4 |
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| 14 | 14 | | FILED ON: 6/28/2024 |
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| 15 | 15 | | HOUSE . . . . . . . . . . . . . . . No. 4833 |
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| 16 | 16 | | The Commonwealth of Massachusetts |
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| 17 | 17 | | _______________ |
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| 18 | 18 | | In the One Hundred and Ninety-Third General Court |
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| 19 | 19 | | (2023-2024) |
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| 20 | 20 | | _______________ |
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| 21 | 21 | | An Act relative to access to justice. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 23 | 23 | | of the same, as follows: |
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| 24 | 24 | | 1 SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2022 |
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| 25 | 25 | | 2Official Edition, is hereby amended by inserting after clause (i) the following clause:- |
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| 26 | 26 | | 3 (j) The department shall not disclose to any federal agency or permit any federal agency |
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| 27 | 27 | | 4to access any files, data, or other information from the Massachusetts Registry of Motor Vehicles |
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| 28 | 28 | | 5for purposes of civil immigration enforcement, provided that information concerning a particular |
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| 29 | 29 | | 6identified individual may be disclosed upon receipt of a probable cause warrant signed by a |
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| 30 | 30 | | 7judge. The Attorney General is authorized to bring an action in state or federal court to quash, |
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| 31 | 31 | | 8modify, or otherwise contest any demand for information not in accordance with the |
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| 32 | 32 | | 9requirements of this paragraph. |
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| 33 | 33 | | 10 SECTION 2. Section 172 of said chapter 6, as so appearing, is hereby amended by |
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| 34 | 34 | | 11inserting, in line 8, after the word “duties” the following words:- ; provided that criminal |
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| 35 | 35 | | 12offender record information shall not be accessed or disclosed for any non-criminal justice |
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| 36 | 36 | | 13purpose, including civil enforcement duties. 2 of 4 |
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| 37 | 37 | | 14 SECTION 3. Said section 172 of said chapter 6, as so appearing, is hereby further |
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| 38 | 38 | | 15amended by inserting, in line 161, after the word “databases” the following words:- ; provided |
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| 39 | 39 | | 16that criminal offender record information shall not be accessed or disclosed for any non-criminal |
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| 40 | 40 | | 17justice purpose, including civil enforcement duties. |
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| 41 | 41 | | 18 SECTION 4. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby |
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| 42 | 42 | | 19amended by inserting after clause (e) the following clause:- |
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| 43 | 43 | | 20 (f) federal detainees housed in their facilities to and from the several divisions or |
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| 44 | 44 | | 21departments of the trial court, pursuant to a valid state court writ of habeas corpus. |
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| 45 | 45 | | 22 SECTION 5. Chapter 147 of the General Laws, as so appearing, is hereby amended by |
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| 46 | 46 | | 23inserting after section 63 the following section:- |
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| 47 | 47 | | 24 Section 64. (a) An interview or any questioning conducted for immigration investigation |
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| 48 | 48 | | 25or enforcement purposes of a person in the custody of any state or local law enforcement agency, |
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| 49 | 49 | | 26sheriff’s office, the department of correction, or Massachusetts court, shall take place only with |
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| 50 | 50 | | 27the written informed consent of the person in custody, unless otherwise required by federal law. |
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| 51 | 51 | | 28If the person in custody indicates that they wish to have an attorney present for an interview with |
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| 52 | 52 | | 29a federal agent, the custodian shall allow them to contact such attorney, and the interview shall |
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| 53 | 53 | | 30not take place until an attorney is made available for the use of the person in custody. The |
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| 54 | 54 | | 31custodian agency shall not be responsible for the payment of the person’s attorney’s fees and |
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| 55 | 55 | | 32expenses. |
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| 56 | 56 | | 33 (b) The office of the attorney general shall prepare a uniform consent form in English and |
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| 57 | 57 | | 34other languages commonly spoken in Massachusetts for use pursuant to subsection (a), which |
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| 58 | 58 | | 35shall: (i) explain the purpose of the interview, that the interview is voluntary, that the person may 3 of 4 |
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| 59 | 59 | | 36decline to be interviewed or may choose to be interviewed only with an attorney present, and that |
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| 60 | 60 | | 37the person may decline to sign any documents presented to them at the interview; and (ii) |
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| 61 | 61 | | 38document the person’s consent or lack thereof, whether an interview took place, and, if so, |
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| 62 | 62 | | 39whether an attorney was present. Custodian agencies shall make their best efforts to provide a |
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| 63 | 63 | | 40form in a language that the person understands, and to provide interpretation if needed. Consent |
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| 64 | 64 | | 41forms shall be public records as defined in clause twenty-sixth of section 7 of chapter 4, provided |
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| 65 | 65 | | 42that the name, address, phone number and other personal identifying information regarding the |
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| 66 | 66 | | 43interview subject shall not be a public record. |
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| 67 | 67 | | 44 (c) The provisions of paragraphs (a) and (b) shall not apply to persons in federal custody |
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| 68 | 68 | | 45who are held in a state or local facility pursuant to an intergovernmental contract. |
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| 69 | 69 | | 46 (d) Court officers, clerks, probation department employees, other trial court |
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| 70 | 70 | | 47administrative personnel, prosecutors, and personnel of the prosecutor’s office, may provide |
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| 71 | 71 | | 48federal agencies or agents with information relating to any person involved in matters before the |
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| 72 | 72 | | 49court only upon request and in the same manner and to the same extent as such information is |
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| 73 | 73 | | 50lawfully made available to the general public. Such officials shall not otherwise notify federal |
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| 74 | 74 | | 51agencies or agents of the presence of individuals attending proceedings in Massachusetts |
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| 75 | 75 | | 52courthouses, unless required by federal law. |
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| 76 | 76 | | 53 (e) The superior court in the county where the person is held shall be authorized to hear |
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| 77 | 77 | | 54any claim in law or equity arising from violation of this section. |
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| 78 | 78 | | 55 SECTION 6. Section 3 of chapter 258B of the General Laws, as so appearing, is hereby |
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| 79 | 79 | | 56amended by inserting after clause (w) the following clause:- 4 of 4 |
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| 80 | 80 | | 57 (x) for victims, family members, and witnesses, to not be asked by a law enforcement |
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| 81 | 81 | | 58agency, the prosecutor, personnel in the prosecutor’s office, trial court personnel, or parole, |
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| 82 | 82 | | 59probation or corrections officials about their immigration status, or the immigration status of |
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| 83 | 83 | | 60their family members, unless such inquiry is required by federal or state law; provided that a |
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| 84 | 84 | | 61judge or magistrate may make such inquiries as are necessary to adjudicate matters within their |
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| 85 | 85 | | 62jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any |
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| 86 | 86 | | 63information regarding immigration status as it deems appropriate to protect the liberty interests |
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| 87 | 87 | | 64of victims, family members and witnesses. |
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