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2 | 2 | | HOUSE DOCKET, NO. 3535 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2575 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Antonio F. D. Cabral |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to administering state and local agreements. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Antonio F. D. Cabral13th Bristol1/17/2025Christine P. Barber34th Middlesex3/5/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 3535 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2575 |
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18 | 18 | | By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 2575) of |
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19 | 19 | | Antonio F. D. Cabral and Christine P. Barber relative to law enforcement agreements to enforce |
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20 | 20 | | federal law. Public Safety and Homeland Security. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act relative to administering state and local agreements. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 37 of the General Laws, as appearing in the 2022 Official Edition, |
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30 | 30 | | 2is hereby amended by adding the following section: |
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31 | 31 | | 3 Section 27. Agreements to Enforce Federal Law |
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32 | 32 | | 4 (a) Sheriffs and their employees may only perform functions pursuant to an agreement |
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33 | 33 | | 5described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee |
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34 | 34 | | 6compensation, are borne solely by the Federal government and there is a state statute explicitly |
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35 | 35 | | 7authorizing such agreements. |
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36 | 36 | | 8 (b) The Sheriff shall keep books, records and accounts of all activities under this section, |
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37 | 37 | | 9which shall be open to inspection and shall be annually reported to the house and senate |
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38 | 38 | | 10committees on ways and means, the joint committee on the judiciary and the joint committee on |
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39 | 39 | | 11public safety and homeland security. Said book shall be a public record, as defined in clause 27 |
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40 | 40 | | 12of section 7 of chapter 4 of the General Laws. 2 of 3 |
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41 | 41 | | 13 SECTION 2. Chapter 124 of the General Laws, as so appearing, is hereby amended by |
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42 | 42 | | 14adding the following section: |
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43 | 43 | | 15 Section 11. Agreements to Enforce Federal Law. |
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44 | 44 | | 16 (a) Any employee of the department of corrections, jail, houses of corrections, or other |
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45 | 45 | | 17correctional institutions of the Commonwealth may only perform functions pursuant to an |
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46 | 46 | | 18agreement described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee |
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47 | 47 | | 19compensation, are borne solely by the Federal government and there is a state statute explicitly |
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48 | 48 | | 20authorizing such agreements. |
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49 | 49 | | 21 (b) The commissioner of correction shall keep books, records and accounts of all |
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50 | 50 | | 22activities under this section, which shall be open to inspection and shall be annually reported to |
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51 | 51 | | 23the house and senate committees on ways and means, the joint committee on the judiciary and |
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52 | 52 | | 24the joint committee on public safety and homeland security. Said book shall be a public record, |
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53 | 53 | | 25as defined in clause 27 of section 7 of chapter 4 of the General Laws. |
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54 | 54 | | 26 SECTION 3. Chapter 12 of the General Laws, as appearing in the 2022 Official Edition, |
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55 | 55 | | 27is hereby amended by inserting after Section 5O the following new sections:- |
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56 | 56 | | 28 Section 5P. |
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57 | 57 | | 29 (a) As used in this section, the following words shall have the following meanings: |
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58 | 58 | | 30 “Agreement”, any contract, agreement, memorandum of understanding, or other |
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59 | 59 | | 31arrangement pursuant to Section 1357(g) of Title 8 of the United States Code. 3 of 3 |
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60 | 60 | | 32 "Law enforcement agency”, an agency in the Commonwealth charged with enforcement |
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61 | 61 | | 33of state and municipal laws, including but not limited to municipal police departments, campus |
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62 | 62 | | 34police departments, and Massachusetts State Police. |
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63 | 63 | | 35 (b) The Commonwealth and any law enforcement agencies, municipalities, or other |
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64 | 64 | | 36subdivisions and their employees may only perform functions pursuant to an agreement |
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65 | 65 | | 37described in 8 U.S.C. § 1357(g) if the costs of such performance, including employee |
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66 | 66 | | 38compensation, are borne solely by the Federal government and there is a state statute explicitly |
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67 | 67 | | 39authorizing such agreements. |
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68 | 68 | | 40 (c) The Attorney General may promulgate rules and regulations for purposes of |
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69 | 69 | | 41implementing this section, including but not limited to keeping books, records and accounts of |
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70 | 70 | | 42all activities under this section and said book shall be a public record, as defined in clause 27 of |
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71 | 71 | | 43section 7 of chapter 4 of the General Laws. |
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