Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1635 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. 3302 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1635
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael S. Day and Marjorie C. Decker
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 access to justice.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/17/2025Marjorie C. Decker25th Middlesex1/17/2025Mindy Domb3rd Hampshire2/11/2025 1 of 4
16	16	HOUSE DOCKET, NO. 3302 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1635
18	18	By Representatives Day of Stoneham and Decker of Cambridge, a petition (accompanied by bill,
19	19	House, No. 1635) of Michael S. Day, Marjorie C. Decker and Mindy Domb relative to
20	20	interviews or questioning conducted for immigration investigations or enforcement purposes.
21	21	The Judiciary.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 4833 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to access to justice.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2022
33	33	2Official Edition, is hereby amended by inserting after clause (i) the following clause:-
34	34	3 (j) The department shall not disclose to any federal agency or permit any federal agency
35	35	4to access any files, data, or other information from the Massachusetts Registry of Motor Vehicles
36	36	5for purposes of civil immigration enforcement, provided that information concerning a particular
37	37	6identified individual may be disclosed upon receipt of a probable cause warrant signed by a
38	38	7judge. The Attorney General is authorized to bring an action in state or federal court to quash,
39	39	8modify, or otherwise contest any demand for information not in accordance with the
40	40	9requirements of this paragraph. 2 of 4
41	41	10 SECTION 2. Section 172 of said chapter 6, as so appearing, is hereby amended by
42	42	11inserting, in line 8, after the word “duties” the following words:- ; provided that criminal
43	43	12offender record information shall not be accessed or disclosed for any non-criminal justice
44	44	13purpose, including civil enforcement duties.
45	45	14 SECTION 3. Said section 172 of said chapter 6, as so appearing, is hereby further
46	46	15amended by inserting, in line 161, after the word “databases” the following words:- ; provided
47	47	16that criminal offender record information shall not be accessed or disclosed for any non-criminal
48	48	17justice purpose, including civil enforcement duties.
49	49	18 SECTION 4. Section 24 of chapter 37 of the General Laws, as so appearing, is hereby
50	50	19amended by inserting after clause (e) the following clause:-
51	51	20 (f) federal detainees housed in their facilities to and from the several divisions or
52	52	21departments of the trial court, pursuant to a valid state court writ of habeas corpus.
53	53	22 SECTION 5. Chapter 147 of the General Laws, as so appearing, is hereby amended by
54	54	23inserting after section 63 the following section:-
55	55	24 Section 64. (a) An interview or any questioning conducted for immigration investigation
56	56	25or enforcement purposes of a person in the custody of any state or local law enforcement agency,
57	57	26sheriff’s office, the department of correction, or Massachusetts court, shall take place only with
58	58	27the written informed consent of the person in custody, unless otherwise required by federal law.
59	59	28If the person in custody indicates that they wish to have an attorney present for an interview with
60	60	29a federal agent, the custodian shall allow them to contact such attorney, and the interview shall
61	61	30not take place until an attorney is made available for the use of the person in custody. The 3 of 4
62	62	31custodian agency shall not be responsible for the payment of the person’s attorney’s fees and
63	63	32expenses.
64	64	33 (b) The office of the attorney general shall prepare a uniform consent form in English and
65	65	34other languages commonly spoken in Massachusetts for use pursuant to subsection (a), which
66	66	35shall: (i) explain the purpose of the interview, that the interview is voluntary, that the person may
67	67	36decline to be interviewed or may choose to be interviewed only with an attorney present, and that
68	68	37the person may decline to sign any documents presented to them at the interview; and (ii)
69	69	38document the person’s consent or lack thereof, whether an interview took place, and, if so,
70	70	39whether an attorney was present. Custodian agencies shall make their best efforts to provide a
71	71	40form in a language that the person understands, and to provide interpretation if needed. Consent
72	72	41forms shall be public records as defined in clause twenty-sixth of section 7 of chapter 4, provided
73	73	42that the name, address, phone number and other personal identifying information regarding the
74	74	43interview subject shall not be a public record.
75	75	44 (c) The provisions of paragraphs (a) and (b) shall not apply to persons in federal custody
76	76	45who are held in a state or local facility pursuant to an intergovernmental contract.
77	77	46 (d) Court officers, clerks, probation department employees, other trial court
78	78	47administrative personnel, prosecutors, and personnel of the prosecutor’s office, may provide
79	79	48federal agencies or agents with information relating to any person involved in matters before the
80	80	49court only upon request and in the same manner and to the same extent as such information is
81	81	50lawfully made available to the general public. Such officials shall not otherwise notify federal
82	82	51agencies or agents of the presence of individuals attending proceedings in Massachusetts
83	83	52courthouses, unless required by federal law. 4 of 4
84	84	53 (e) The superior court in the county where the person is held shall be authorized to hear
85	85	54any claim in law or equity arising from violation of this section.
86	86	55 SECTION 6. Section 3 of chapter 258B of the General Laws, as so appearing, is hereby
87	87	56amended by inserting after clause (w) the following clause:-
88	88	57 (x) for victims, family members, and witnesses, to not be asked by a law enforcement
89	89	58agency, the prosecutor, personnel in the prosecutor’s office, trial court personnel, or parole,
90	90	59probation or corrections officials about their immigration status, or the immigration status of
91	91	60their family members, unless such inquiry is required by federal or state law; provided that a
92	92	61judge or magistrate may make such inquiries as are necessary to adjudicate matters within their
93	93	62jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any
94	94	63information regarding immigration status as it deems appropriate to protect the liberty interests
95	95	64of victims, family members and witnesses.