Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 426 FILED ON: 1/14/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1129
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 relative to protecting the residents of the Commonwealth from dangerous persons.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 5
16	16	SENATE DOCKET, NO. 426 FILED ON: 1/14/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1129
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1129) of Bruce E. Tarr for legislation
19	19	relative to protecting the residents of the Commonwealth from dangerous persons. The
20	20	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 relative to protecting the residents of the Commonwealth from dangerous persons.
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. Chapter 268 of the General Laws, as so appearing, is hereby amended by
30	30	2inserting after section 13E the following section:-
31	31	3 Section 13F. Whoever unlawfully removes, destroys, damages, or interferes with the
32	32	4proper functioning of a geolocation monitoring device, breath-testing instrument, or other
33	33	5mechanism intended to facilitate recognizance or compliance with conditions of pretrial release,
34	34	6probation or parole, shall be punished by imprisonment in the state prison for not more than 10
35	35	7years or imprisonment in a house of correction for not more than 2 and ½ years. In any
36	36	8proceeding under section 57, 58, 58A, or 58B of chapter 276, the fact of a person’s prior
37	37	9conviction pursuant to this section shall be prima facie evidence that there is no financial
38	38	10condition or other condition of release that will reasonably assure the presence of the person so
39	39	11convicted. 2 of 5
40	40	12 SECTION 2. Section 58A of said chapter 276, as so appearing, is hereby amended by
41	41	13striking subsection (1) and inserting in place thereof the following subsection:- (1) The
42	42	14commonwealth may move, based on dangerousness, for an order of pretrial detention or release
43	43	15on conditions when a person has been charged with any of the following offenses:
44	44	16 (A) a felony that has as an element of the offense the use, attempted use or threatened use
45	45	17of physical force against the person of another;
46	46	18 (B) the offenses of burglary or arson;
47	47	19 (C) a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32
48	48	20of chapter 209, section 3, 3B, 3C, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;
49	49	21 (D) a misdemeanor or felony involving abuse as defined in section 1 of chapter 209A;
50	50	22 (E) a sex offense involving a child as defined in section 178C of chapter 6;
51	51	23 (F) a violation of section 13B of chapter 268;
52	52	24 (G) a violation of section 13, 13 ½, 13B, 13B ½, 13 B ¾, 13F, 13M, 15D, 18B, 22, 22A,
53	53	2522B, 22C, 23, 23A, 23B, 24, 25, 26B, 26C, 37, 43A, 50 or 51 of chapter 265 or a violation of
54	54	26section 13D of said chapter 265 in which the public employee is a police officer;
55	55	27 (H) a violation of section 4A, 4B, 16, 29A, 29B, 29C, 77, 94 or 105 of chapter 272;
56	56	28 (I) a violation of section 24G of chapter 90 which occurs under the influence of alcohol
57	57	29or drugs, or a violation of section 8B of chapter 90B; or a third or subsequent violation of section
58	58	3024 of chapter 90 or section 8 of chapter 90B; 3 of 5
59	59	31 (J) an offense under chapter 94C for which the maximum term of imprisonment is more
60	60	32than 10 years;
61	61	33 (K) any violation of sections 102 or 102A, or a malicious violation of section 127 of
62	62	34chapter 266;
63	63	35 (L) a violation of section 131N of chapter 140 or subsection (a), (b), (c), (d), (h), (j) or
64	64	36(m) of section 10 or section 11C of chapter 269;
65	65	37 (M) a violation of section 10A, 10E, or 10G of chapter 269;
66	66	38 (N) threats to kill, rape, or cause serious bodily injury; or
67	67	39 (O) conspiracy or solicitation to commit any of the above enumerated offenses.
68	68	40 SECTION 3. Said section 58A of said chapter 276, as so appearing, is hereby further
69	69	41amended by striking out, in lines 102 to 108, the second sentence of subsection (3) and inserting
70	70	42in place thereof the following two sentences:- A person detained under this subsection shall be
71	71	43detained until the disposition of the case; provided that the person shall be entitled to a speedy
72	72	44trial and shall be brought to trial as soon as reasonably possible and in any case within the time
73	73	45limit mandated pursuant to Massachusetts Rules of Criminal Procedure Rule 36 (b); and further
74	74	46provided that the person’s case shall be given priority over other cases, as required by
75	75	47Massachusetts Rules of Criminal Procedure Rule 36(a)(1). Nothing in this section shall be
76	76	48construed as modifying or limiting the requirements and provisions of Massachusetts Rules of
77	77	49Criminal Procedure Rule 36. 4 of 5
78	78	50 SECTION 4. Said section 58A of said chapter 276, as so appearing, is hereby further
79	79	51amended by striking out, in lines 113-to 124, the first four sentences of subsection (4) and
80	80	52inserting in place thereof the following five sentences:-
81	81	53 (4) When a person is charged with an offense listed in subsection (1) and upon a motion
82	82	54by the commonwealth, the judge shall hold a hearing to determine whether conditions of release
83	83	55will reasonably assure the safety of any other person or the community.
84	84	56 If the commonwealth moves for a hearing at the time of arraignment, the hearing shall be
85	85	57held immediately upon the person's first appearance before the court unless that person, or the
86	86	58attorney for the commonwealth, seeks a continuance. Except for good cause, a continuance on
87	87	59motion of the person may not exceed seven days, and a continuance on motion of the attorney for
88	88	60the commonwealth may not exceed three business days. During a continuance, the individual
89	89	61shall be detained upon a showing that there existed probable cause to arrest the person.
90	90	62 If the attorney for the commonwealth files a motion seeking to detain the person under
91	91	63this section at any time after the time of arraignment or the person’s first appearance before the
92	92	64court, the court shall order that the hearing shall occur as soon as possible and within the time
93	93	65periods and as otherwise set forth in this section.
94	94	66 SECTION 5. Said chapter 276 is hereby further amended by inserting after section 58B
95	95	67the following section:-
96	96	68 Section 58C. No person who has attained the age of 18 years and who has been charged
97	97	69with any act that would constitute abuse, as defined in section 1 of chapter 209A, or a violation
98	98	70of sections 13M or 15D of chapter 265, or any offense enumerated in subsection 1 of section
99	99	7158A that involves an identified victim shall be admitted to bail before the alleged victim is 5 of 5
100	100	72notified of the person’s imminent release; provided, however, that the person charged shall not
101	101	73be held more than 6 hours in order to permit prior notice to the alleged victim.
102	102	74 When a person so charged is to be released from the custody of a police department, such
103	103	75notice shall be provided by the police department. When a person so charged is to be released
104	104	76from a courthouse, such notice shall be provided by the commonwealth. When a person so
105	105	77charged is to be released from a jail or correctional facility, such notice shall be provided by the
106	106	78superintendent or superintendent’s designee. The person or agency responsible for providing
107	107	79notice shall undertake to provide notice promptly.