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HOUSE DOCKET, NO. 3302 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1635
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael S. Day and Marjorie C. Decker
_________________
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 relative to access to justice.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/17/2025Marjorie C. Decker25th Middlesex1/17/2025Mindy Domb3rd Hampshire2/11/2025 1 of 4
HOUSE DOCKET, NO. 3302 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1635
By Representatives Day of Stoneham and Decker of Cambridge, a petition (accompanied by bill,
House, No. 1635) of Michael S. Day, Marjorie C. Decker and Mindy Domb relative to
interviews or questioning conducted for immigration investigations or enforcement purposes.
The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4833 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to access to justice.
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 167A of chapter 6 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting after clause (i) the following clause:-
3 (j) The department shall not disclose to any federal agency or permit any federal agency
4to access any files, data, or other information from the Massachusetts Registry of Motor Vehicles
5for purposes of civil immigration enforcement, provided that information concerning a particular
6identified individual may be disclosed upon receipt of a probable cause warrant signed by a
7judge. The Attorney General is authorized to bring an action in state or federal court to quash,
8modify, or otherwise contest any demand for information not in accordance with the
9requirements of this paragraph. 2 of 4
10 SECTION 2. Section 172 of said chapter 6, as so appearing, is hereby amended by
11inserting, in line 8, after the word “duties” the following words:- ; provided that criminal
12offender record information shall not be accessed or disclosed for any non-criminal justice
13purpose, including civil enforcement duties.
14 SECTION 3. Said section 172 of said chapter 6, as so appearing, is hereby further
15amended by inserting, in line 161, after the word “databases” the following words:- ; provided
16that criminal offender record information shall not be accessed or disclosed for any non-criminal
17justice purpose, including civil enforcement duties.
18 SECTION 4. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby
19amended by inserting after clause (e) the following clause:-
20 (f) federal detainees housed in their facilities to and from the several divisions or
21departments of the trial court, pursuant to a valid state court writ of habeas corpus.
22 SECTION 5. Chapter 147 of the General Laws, as so appearing, is hereby amended by
23inserting after section 63 the following section:-
24 Section 64. (a) An interview or any questioning conducted for immigration investigation
25or enforcement purposes of a person in the custody of any state or local law enforcement agency,
26sheriff’s office, the department of correction, or Massachusetts court, shall take place only with
27the written informed consent of the person in custody, unless otherwise required by federal law.
28If the person in custody indicates that they wish to have an attorney present for an interview with
29a federal agent, the custodian shall allow them to contact such attorney, and the interview shall
30not take place until an attorney is made available for the use of the person in custody. The 3 of 4
31custodian agency shall not be responsible for the payment of the person’s attorney’s fees and
32expenses.
33 (b) The office of the attorney general shall prepare a uniform consent form in English and
34other languages commonly spoken in Massachusetts for use pursuant to subsection (a), which
35shall: (i) explain the purpose of the interview, that the interview is voluntary, that the person may
36decline to be interviewed or may choose to be interviewed only with an attorney present, and that
37the person may decline to sign any documents presented to them at the interview; and (ii)
38document the person’s consent or lack thereof, whether an interview took place, and, if so,
39whether an attorney was present. Custodian agencies shall make their best efforts to provide a
40form in a language that the person understands, and to provide interpretation if needed. Consent
41forms shall be public records as defined in clause twenty-sixth of section 7 of chapter 4, provided
42that the name, address, phone number and other personal identifying information regarding the
43interview subject shall not be a public record.
44 (c) The provisions of paragraphs (a) and (b) shall not apply to persons in federal custody
45who are held in a state or local facility pursuant to an intergovernmental contract.
46 (d) Court officers, clerks, probation department employees, other trial court
47administrative personnel, prosecutors, and personnel of the prosecutor’s office, may provide
48federal agencies or agents with information relating to any person involved in matters before the
49court only upon request and in the same manner and to the same extent as such information is
50lawfully made available to the general public. Such officials shall not otherwise notify federal
51agencies or agents of the presence of individuals attending proceedings in Massachusetts
52courthouses, unless required by federal law. 4 of 4
53 (e) The superior court in the county where the person is held shall be authorized to hear
54any claim in law or equity arising from violation of this section.
55 SECTION 6. Section 3 of chapter 258B of the General Laws, as so appearing, is hereby
56amended by inserting after clause (w) the following clause:-
57 (x) for victims, family members, and witnesses, to not be asked by a law enforcement
58agency, the prosecutor, personnel in the prosecutor’s office, trial court personnel, or parole,
59probation or corrections officials about their immigration status, or the immigration status of
60their family members, unless such inquiry is required by federal or state law; provided that a
61judge or magistrate may make such inquiries as are necessary to adjudicate matters within their
62jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any
63information regarding immigration status as it deems appropriate to protect the liberty interests
64of victims, family members and witnesses.