Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1804 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 4161 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1804
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bradley H. Jones, Jr.
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 public safety, fiscal responsibility, and emergency assistance.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/17/2025Kimberly N. Ferguson1st Worcester1/21/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden1/30/2025David F. DeCoste5th Plymouth1/28/2025David K. Muradian, Jr.9th Worcester1/29/2025Marc T. Lombardo22nd Middlesex1/29/2025Hannah Kane11th Worcester1/29/2025John J. Marsi6th Worcester1/29/2025Steven S. Howitt4th Bristol1/30/2025Steven George Xiarhos5th Barnstable1/30/2025Marcus S. Vaughn9th Norfolk1/30/2025Joseph D. McKenna18th Worcester1/30/2025Donald R. Berthiaume, Jr.5th Worcester2/3/2025 1 of 8
16	16	HOUSE DOCKET, NO. 4161 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1804
18	18	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1804) of
19	19	Bradley H. Jones, Jr. and others relative to public safety, fiscal responsibility, and emergency
20	20	assistance. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to public safety, fiscal responsibility, and emergency assistance.
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 276 of the General Laws is hereby amended by inserting after
30	30	2section 20R the following section:-
31	31	3 Section 20S. (a) Any employee of the Commonwealth, or a public instrumentality or
32	32	4political subdivision thereof, who holds police powers or the powers of a sheriff or deputy
33	33	5sheriff, including but not limited to municipal police officers, court officers, and state troopers,
34	34	6and who has lawful custody of a person may, upon receipt of (1) a written request from United
35	35	7States Immigration and Customs Enforcement requesting detention of such person on the
36	36	8grounds that there is probable cause that such person is a removable alien and (2) an
37	37	9administrative warrant for arrest or warrant of removal/deportation, detain such person for a
38	38	10reasonable period of time after such person would otherwise be released from custody in order to
39	39	11transfer custody of such person to United States Immigration and Customs Enforcement,
40	40	12provided that a supervisory officer of such employee’s agency has, in accordance with a policy 2 of 8
41	41	13promulgated in accordance with subsection (c), first determined that there are specific facts
42	42	14indicating that the person to be detained poses a threat to public safety; and further provided that
43	43	15such person be provided with a copy of such written request; and further provided that in no
44	44	16circumstances shall such detention exceed 12 hours unless an appropriate judicial officer shall
45	45	17have made a probable cause determination under the procedure set forth in subsection (d).
46	46	18 (b) As used in subsection (a), “specific facts indicating that the person to be detained
47	47	19poses a threat to public safety” shall mean that, at a minimum, any of the following facts are true
48	48	20with respect to such person:
49	49	21 (1) the person has engaged in or is suspected of terrorism or espionage, or otherwise
50	50	22poses a danger to national security;
51	51	23 (2) the person has been convicted of an offense of which an element was active
52	52	24participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);
53	53	25 (3) the person has been convicted of an offense classified as a felony, other than a state or
54	54	26local offense for which an essential element was the person’s immigration status;
55	55	27 (4) the person has been convicted of an aggravated felony, as defined under 8 U.S.C. §
56	56	281101(a)(43); or
57	57	29 (5) the person has been convicted of a crime of (i) domestic violence; (ii) sexual abuse or
58	58	30exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like
59	59	31violations of the law of another state, the United States or a military, territorial or Indian tribal
60	60	32authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or 3 of 8
61	61	33trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any
62	62	34other offense for which the person has been sentenced to time in custody of 180 days or more.
63	63	35 (c) Each agency of the Commonwealth or any public instrumentality or political
64	64	36subdivision of the Commonwealth that chooses to allow its employees to exercise the authority
65	65	37granted by subsection (a) shall promulgate a written policy designating which supervisory
66	66	38officers may make the determination required by subsection (a) before a person is detained and
67	67	39the criteria such supervisory officer shall use in making such determination.
68	68	40 (d) A determination of probable cause for detention shall be made by an appropriate
69	69	41judicial officer and promptly reduced to writing. The appropriate judicial officer shall consider
70	70	42any information presented by the detaining agency, whether or not known at the time of initial
71	71	43detention. The detaining agency shall present the information under oath or affirmation or under
72	72	44the pains and penalties of perjury, and may present the information orally, in person or by any
73	73	45other means, or in writing. If presented in writing, the information may be transmitted to the
74	74	46appropriate judicial officer by facsimile transmission or by electronic mail or by such other
75	75	47electronic means as may be found acceptable by the court. The determination of probable cause
76	76	48for detention shall be an ex parte proceeding. The person detained shall have no right to appear,
77	77	49either in person or by counsel. If the judicial officer determines that there is not probable cause
78	78	50to believe the person detained is a removable alien, then the judicial officer shall order that the
79	79	51person be released forthwith. Such a determination and order shall be filed in the District Court
80	80	52having jurisdiction over the location of the detention, together with all written information
81	81	53submitted by the detaining agency. Such documents shall be filed separately from the records of
82	82	54criminal cases, and shall be open for inspection by the public. If a determination under this
83	83	55subsection is necessary, the detaining agency shall present the information necessary to obtain 4 of 8
84	84	56such determination to the appropriate judicial officer as soon as reasonably possible after the
85	85	57detention begins, but no later than 12 hours after the detention begins.
86	86	58 (e) This section shall not be construed to give rise to a private right of action and shall not
87	87	59be construed so as to make unlawful any arrest in this commonwealth which would otherwise be
88	88	60lawful.
89	89	61 SECTION 2. Notwithstanding any general or special law to the contrary, any funds
90	90	62expended for the purpose of providing services through or related to those served by the
91	91	63emergency housing assistance program shall be subject to a competitive bidding process.
92	92	64 SECTION 3. Section 30 of Chapter 23B of the General Laws, as appearing in the 2022
93	93	65Official Edition, is hereby amended by inserting the following paragraph after the first
94	94	66paragraph:-
95	95	67 (a) Notwithstanding any general or special law, rule, or regulation to the contrary,
96	96	68eligibility for the emergency housing assistance program shall be limited to (1) United States
97	97	69citizens and (2) lawfully present immigrants who have maintained continuous legal residency in
98	98	70the Commonwealth of Massachusetts for at least 12 consecutive months immediately prior to the
99	99	71date of application.
100	100	72 (b) Acceptable proof of legal residency must consist of the following two forms of
101	101	73documentation, both issued at least 12 months before the application date:
102	102	74 Proof of U.S. Citizenship or Lawful Permanent Residency: (1) A valid U.S. Passport with
103	103	75a Massachusetts address; (2) A certified U.S. Birth Certificate with proof of Massachusetts 5 of 8
104	104	76residency; (3) A valid Certificate of Naturalization or Citizenship; (4) A valid Green Card
105	105	77(Permanent Resident Card) issued at least one year prior.
106	106	78 Proof of Continuous Residency in Massachusetts: (1) Filed Massachusetts state income
107	107	79tax return for the most recent tax year r; (2) Valid REAL ID-compliant Massachusetts driver’s
108	108	80license issued at least one year prior; (3) Utility bill, lease, or mortgage statement in the
109	109	81applicant's name, dated at least one year prior; Or (4) pay stubs showing continuous
110	110	82Massachusetts employment for at least one year.
111	111	83 (d) All submitted documentation shall be subject to verification by the Executive Office
112	112	84of Housing and Livable Communities in coordination with the Department of Revenue and the
113	113	85Registry of Motor Vehicles. Any attempt to submit fraudulent documents will result in
114	114	86permanent disqualification from the program.
115	115	87 (e) The Executive Office of Housing and Livable Communities shall promulgate
116	116	88regulations to enforce this residency requirement, including procedures for cross-agency
117	117	89verification and fraud detection.
118	118	90 (f) For purposes of this section, a residency requirement shall not be required for victims
119	119	91of domestic violence; or a person whose living situation has been affected by a fire or other
120	120	92natural disaster that occurred in Massachusetts.
121	121	93 SECTION 4. Section 30 of Chapter 23B of the General Laws, as appearing in the 2022
122	122	94Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-
123	123	95 "Notwithstanding any general or special law to the contrary, no individual convicted or
124	124	96charged with a violent felony or a sexual offense pursuant to chapter 265 of the General Laws, as 6 of 8
125	125	97so appearing, while receiving benefits pursuant to this chapter shall be eligible to continue to
126	126	98receive such benefits absent a written waiver issued by the secretary of the executive office of
127	127	99housing and livable communities."
128	128	100 SECTION 5. The office of the inspector general, shall, subject to appropriation, convene
129	129	101a special unit for the purpose of providing ongoing and comprehensive oversight of actions taken
130	130	102by the commonwealth in response to the ongoing crisis attributable to the influx of migrants into
131	131	103the state. Such a special unit shall identify, review, and analyze the cost and cost-effectiveness of
132	132	104specialized contracts and procurements, and payments for such resources as food, and housing,
133	133	105healthcare, education, and legal services.
134	134	106 Said unit shall file reports, together with legislative and regulatory recommendations,
135	135	107with the clerks of the House and Senate, the Senate and House Committees on Ways and Means,
136	136	108and the Secretary of Administration and Finance quarterly, beginning not later than 3 months
137	137	109following the passage of this act, for a period of not less than 3 years, unless otherwise such
138	138	110requirement is otherwise modified, terminated, or extended, provided that such reports shall also
139	139	111be posted electronically so as to enable public inspection.
140	140	112 SECTION 6. Section 5 shall expire 3 years after the passage of this act.
141	141	113 SECTION 7. Section 30 of Chapter 23B of the General Laws, as appearing in the 2022
142	142	114Official Edition, is hereby amended by inserting the following paragraph after the first
143	143	115paragraph:-
144	144	116 The executive office shall prioritize access to emergency shelter assistance for the
145	145	117following groups: (1) Veterans as defined by section 1 of chapter 115; (2) elderly persons as
146	146	118defined in section 14 of chapter 19A; (3) families with legal residence in the Commonwealth 7 of 8
147	147	119who are homeless or at risk of homelessness, as defined by regulations promulgated by the
148	148	120executive office; (4) victims of domestic violence; or (5) a person whose living situation has
149	149	121been affected by a fire or other natural disaster that occurred in Massachusetts.
150	150	122 SECTION 8. Paragraph (G) of section 30 of chapter 23B of the General Laws, as most
151	151	123recently amended by section 3 of chapter 88 of the Acts of 2024, is hereby amended by striking
152	152	124out subparagraph (3) and inserting in place thereof the following paragraph:-
153	153	125 (3) A family with children or a pregnant woman with no other children that receives
154	154	126benefits through the emergency housing assistance program shall, subject to appropriation and
155	155	127rules and regulations, remain eligible for the program for not more than 6 consecutive months.
156	156	128 SECTION 9. (a) For purposes of this Act “Background Check” shall be defined as a “a
157	157	129comprehensive review of an individual’s personal, criminal, and financial history, including but
158	158	130not limited to: criminal records at the state, federal, and international levels; employment history;
159	159	131education verification; immigration or residency status; financial history, including credit
160	160	132checks; presence on international or domestic criminal watch lists.”
161	161	133 (b) The background check shall be conducted by an approved and licensed entity that
162	162	134complies with federal, state, and local laws governing background investigations, including but
163	163	135not limited to the United States Fair Credit Reporting Act.
164	164	136 (c) The required background check shall include, but is not limited to: criminal history
165	165	137review, including state, national, and international records; verification of employment and
166	166	138education history; immigration and residency status verification through the Department of
167	167	139Homeland Security or its equivalent; review of financial history, including creditworthiness, if
168	168	140applicable to program eligibility criteria; social security number verification and identification 8 of 8
169	169	141validation; and, screening against state and federal sex offender registries and other public safety
170	170	142databases.
171	171	143 (d) Law enforcement agencies accessing data under this provision shall adhere to all
172	172	144applicable state and federal privacy and data protection laws.
173	173	145 (e) Individuals with criminal convictions related to violent crimes, sexual offenses, fraud,
174	174	146or other serious offenses committed within the past 10 years may be deemed ineligible for
175	175	147housing program participation, subject to review by the administering agency.
176	176	148 (f) All information obtained through the background check process and data access under
177	177	149this Act shall be kept confidential and used solely for the purposes provided in this Act.
178	178	150 (g) Administering agencies and law enforcement must establish secure systems for the
179	179	151storage and handling of sensitive information.
180	180	152 (h) Background check and data access procedures under this Act shall comply with all
181	181	153applicable state and federal privacy laws, including but not limited to the General Data
182	182	154Protection Regulation (GDPR) for international applicants.
183	183	155 (i) Any agency or entity administering housing programs or managing data found in
184	184	156violation of this Act shall be subject to penalties, including fines, suspension of funding, or other
185	185	157sanctions as determined by the Executive Office of Housing and Livable Communities or other
186	186	158applicable authorities.