Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1805 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. 4222 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1805
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 to enhance the authority of courts to protect public safety.
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 Hampden3/10/2025David F. DeCoste5th Plymouth1/25/2025Steven George Xiarhos5th Barnstable1/25/2025David K. Muradian, Jr.9th Worcester1/29/2025Hannah Kane11th Worcester1/30/2025Donald R. Berthiaume, Jr.5th Worcester2/3/2025Alyson M. Sullivan-Almeida7th Plymouth2/11/2025 1 of 3
16	16	HOUSE DOCKET, NO. 4222 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1805
18	18	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1805) of
19	19	Bradley H. Jones, Jr. and others for legislation to enhance the authority of courts to protect
20	20	public safety. 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 to enhance the authority of courts to protect public safety.
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 considered a court officer pursuant
32	32	4to Chapter 221 Sections 69A, 70A, 71A of the General Laws, who has lawful custody of a
33	33	5person may, upon the direction of a judicial officer, and upon receipt of (1) a written request
34	34	6from United States Immigration and Customs Enforcement requesting detention of such person
35	35	7on the grounds that there is probable cause that such person is a removable alien and (2) an
36	36	8administrative warrant for arrest or warrant of removal/deportation, detain such person for a
37	37	9reasonable period of time after such person would otherwise be released from custody in order to
38	38	10transfer custody of such person to United States Immigration and Customs Enforcement,
39	39	11provided that the judicial officer has determined that there are specific facts indicating that the
40	40	12person to be detained poses a threat to public safety; and further provided that such person be 2 of 3
41	41	13provided with a copy of such written request; and further provided that in no circumstances shall
42	42	14such detention exceed 12 hours.
43	43	15 (b) As used in subsection (a), “specific facts indicating that the person to be detained
44	44	16poses a threat to public safety” shall mean that, at a minimum, any of the following facts are true
45	45	17with respect to such person:
46	46	18 (1) the person has engaged in or is suspected of terrorism or espionage, or otherwise
47	47	19poses a danger to national security;
48	48	20 (2) the person has been convicted of an offense of which an element was active
49	49	21participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);
50	50	22 (3) the person has been convicted of an offense classified as a felony, other than a state or
51	51	23local offense for which an essential element was the person’s immigration status;
52	52	24 (4) the person has been convicted of an aggravated felony, as defined under 8 U.S.C. §
53	53	251101(a)(43); or
54	54	26 (5) the person has been convicted of a crime of (i) domestic violence; (ii) sexual abuse or
55	55	27exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like
56	56	28violations of the law of another state, the United States or a military, territorial or Indian tribal
57	57	29authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or
58	58	30trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any
59	59	31other offense for which the person has been sentenced to time in custody of 180 days or more.
60	60	32 (c) In making such determination under subsection (a), if the appropriate judicial officer
61	61	33does not honor the request from Immigrations and Custom Enforcement, the judicial officer shall 3 of 3
62	62	34detail the reasons therefore in writing, and said determination shall be filed with the Clerk of the
63	63	35Court having jurisdiction over the location of the detention and maintained as a public record.
64	64	36Said determination shall not be subject to impoundment and may only be redacted to protect the
65	65	37names of minors and victims.
66	66	38 (d) This section shall not be construed to give rise to a private right of action and shall not
67	67	39be construed so as to make unlawful any arrest in this commonwealth which would otherwise be
68	68	40lawful.
69	69	41 SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting at the end
70	70	42the following section:-
71	71	43 Section 104. In determining original bail, and any subsequent bail pursuant to sections
72	72	4420D, 20E, 20F, 29, 42, 42A, 56A, 57, 60, 61, 62, 63, 64 68, 70, 82, 82A, of Chapter 276 the
73	73	45Judicial Officer presiding over the status of the bail hearing of the individual shall consider the
74	74	46existence of an Immigrations and Customs Enforcement Detainer request from the United States
75	75	47Immigrations and Customs Enforcement Office. If a written request from United States
76	76	48Immigration and Customs Enforcement requesting detention of such person on the grounds that
77	77	49there is probable cause that such person is a removable alien and (2) an administrative warrant
78	78	50for arrest or warrant of removal/deportation exists then the Judicial Officer shall have grounds to
79	79	51withhold bail pending action on the request from Immigrations and Customs Enforcement.