Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2701 Latest Draft

Bill / Introduced Version Filed 02/27/2025

                            1 of 1
HOUSE DOCKET, NO. 4221       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2701
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael J. Soter and Kenneth P. Sweezey
_________________
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 to promote and protect safety in the Commonwealth.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Soter8th Worcester1/17/2025Kenneth P. Sweezey6th Plymouth1/17/2025Sheriff Lewis EvangelidisWorcester County1/17/2025Sheriff Joseph McDonaldPlymouth County1/17/2025Peter J. DurantWorcester and Hampshire1/22/2025Marc T. Lombardo22nd Middlesex1/24/2025Joseph D. McKenna18th Worcester1/24/2025Steven George Xiarhos5th Barnstable1/27/2025David F. DeCoste5th Plymouth1/27/2025Patrick Joseph Kearney4th Plymouth1/27/2025Kelly A. DoonerThird Bristol and Plymouth1/27/2025Steven S. Howitt4th Bristol1/27/2025John R. Gaskey2nd Plymouth1/28/2025Paul K. Frost7th Worcester1/29/2025John J. Marsi6th Worcester1/29/2025Donald R. Berthiaume, Jr.5th Worcester2/4/2025Michael S. Chaisson1st Bristol2/5/2025Ryan C. FattmanWorcester and Hampden2/13/2025 1 of 2
HOUSE DOCKET, NO. 4221       FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 2701
By Representatives Soter of Bellingham and Sweezey of Duxbury, a petition (accompanied by 
bill, House, No. 2701) of Michael J. Soter, Kenneth P. Sweezey and others for legislation to 
promote and protect safety in the Commonwealth. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to promote and protect safety in the Commonwealth.
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. Chapter 276 of the General Laws is hereby amended by inserting after 
2section 20R the following section:-
3 Section 20S. (a) Any employee of the Commonwealth considered a court officer pursuant 
4to Chapter 221 Sections 69A, 70A, 71A of the General Laws or any state, county or local law 
5enforcement officer, who has lawful custody of a person may, upon receipt of a written request 
6from United States Immigration and Customs Enforcement requesting detention of such person 
7on the grounds that there is probable cause that such person is a removable alien, detain such 
8person for a reasonable period of time after such person would otherwise be released from 
9custody in order to transfer custody of such person to United States Immigration and Customs 
10Enforcement, provided that such person be provided with a copy of such written request; and 
11further provided that in no circumstances shall such detention exceed 36 hours.  2 of 2
12 (b) This section shall not be construed to give rise to a private right of action and shall not 
13be construed so as to make unlawful any arrest in this commonwealth which would otherwise be 
14lawful.
15 SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting at the end 
16the following section: -
17 Section 104. In determining original bail, and any subsequent bail pursuant to sections 
1820D, 20E, 20F, 29, 42, 42A, 56A, 57, 60, 61, 62, 63, 64 68, 70, 82, 82A, of Chapter 276 the 
19Judicial Officer presiding over the status of the bail hearing of the individual shall consider the 
20existence of an Immigrations and Customs Enforcement Detainer request from the United States 
21Immigrations and Customs Enforcement Office. If a written request from United States 
22Immigration and Customs Enforcement requesting detention of such person on the grounds that 
23there is probable cause that such person is a removable alien and (2) an administrative warrant 
24for arrest or warrant of removal/deportation exists then the Judicial Officer shall have grounds to 
25withhold or modify bail pending action on the request from Immigrations and Customs 
26Enforcement.