Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1268 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 723 FILED ON: 1/14/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1268
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce E. Tarr
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 :Bruce E. TarrFirst Essex and MiddlesexAlyson M. Sullivan-Almeida7th Plymouth2/6/2025Steven George Xiarhos5th Barnstable2/18/2025 1 of 3
16	16	SENATE DOCKET, NO. 723 FILED ON: 1/14/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1268
18	18	By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1268) of Bruce E. Tarr, Alyson M.
19	19	Sullivan-Almeida and Steven George Xiarhos for legislation to enhance the authority of courts to
20	20	protect public safety. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE DOCKET, NO. 3490 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to enhance the authority of courts to protect public safety.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 276 of the General Laws is hereby amended by inserting after
32	32	2section 20R the following section:-
33	33	3 Section 20S. (a) Any employee of the Commonwealth considered a court officer pursuant
34	34	4to Chapter 221 Sections 69A, 70A, 71A of the General Laws, who has lawful custody of a
35	35	5person may, upon the direction of a judicial officer, and upon receipt of (1) a written request
36	36	6from United States Immigration and Customs Enforcement requesting detention of such person
37	37	7on the grounds that there is probable cause that such person is a removable alien and (2) an
38	38	8administrative warrant for arrest or warrant of removal/deportation, detain such person for a
39	39	9reasonable period of time after such person would otherwise be released from custody in order to
40	40	10transfer custody of such person to United States Immigration and Customs Enforcement, 2 of 3
41	41	11provided that the judicial officer has determined that there are specific facts indicating that the
42	42	12person to be detained poses a threat to public safety; and further provided that such person be
43	43	13provided with a copy of such written request; and further provided that in no circumstances shall
44	44	14such detention exceed 12 hours.
45	45	15 (b) As used in subsection (a), “specific facts indicating that the person to be detained
46	46	16poses a threat to public safety” shall mean that, at a minimum, any of the following facts are true
47	47	17with respect to such person:
48	48	18 (1) the person has engaged in or is suspected of terrorism or espionage, or otherwise
49	49	19poses a danger to national security;
50	50	20 (2) the person has been convicted of an offense of which an element was active
51	51	21participation in a criminal street gang, as defined in 18 U.S.C. § 521(a);
52	52	22 (3) the person has been convicted of an offense classified as a felony, other than a state or
53	53	23local offense for which an essential element was the person’s immigration status;
54	54	24 (4) the person has been convicted of an aggravated felony, as defined under 8 U.S.C. §
55	55	251101(a)(43); or
56	56	26 (5) the person has been convicted of a crime of (i) domestic violence; (ii) sexual abuse or
57	57	27exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like
58	58	28violations of the law of another state, the United States or a military, territorial or Indian tribal
59	59	29authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or
60	60	30trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any
61	61	31other offense for which the person has been sentenced to time in custody of 180 days or more. 3 of 3
62	62	32 (c) In making such determination under subsection (a), if the appropriate judicial officer
63	63	33does not honor the request from Immigrations and Custom Enforcement, the judicial officer shall
64	64	34detail the reasons therefore in writing, and said determination shall be filed with the Clerk of the
65	65	35Court having jurisdiction over the location of the detention and maintained as a public record.
66	66	36Said determination shall not be subject to impoundment and may only be redacted to protect the
67	67	37names of minors and victims.
68	68	38 (d) This section shall not be construed to give rise to a private right of action and shall not
69	69	39be construed so as to make unlawful any arrest in this commonwealth which would otherwise be
70	70	40lawful.
71	71	41 SECTION 2. Chapter 276 of the General Laws is hereby amended by inserting at the end
72	72	42the following section:-
73	73	43 Section 104. In determining original bail, and any subsequent bail pursuant to sections
74	74	4420D, 20E, 20F, 29, 42, 42A, 56A, 57, 60, 61, 62, 63, 64 68, 70, 82, 82A, of Chapter 276 the
75	75	45Judicial Officer presiding over the status of the bail hearing of the individual shall consider the
76	76	46existence of an Immigrations and Customs Enforcement Detainer request from the United States
77	77	47Immigrations and Customs Enforcement Office. If a written request from United States
78	78	48Immigration and Customs Enforcement requesting detention of such person on the grounds that
79	79	49there is probable cause that such person is a removable alien and (2) an administrative warrant
80	80	50for arrest or warrant of removal/deportation exists then the Judicial Officer shall have grounds to
81	81	51withhold bail pending action on the request from Immigrations and Customs Enforcement.