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| 2 | 2 | | SENATE DOCKET, NO. 2186 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1271 |
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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 | | Bruce E. Tarr |
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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 protecting the people of the Commonwealth from danger. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 2186 FILED ON: 1/17/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1271 |
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| 18 | 18 | | By Mr. Tarr, a petition (accompanied by bill, Senate, No. 1271) of Bruce E. Tarr for legislation |
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| 19 | 19 | | to protect the people of the Commonwealth from criminal offenders. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to protecting the people of the Commonwealth from danger. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 “SECTION 3A. Chapter 268 of the General Laws is hereby amended by inserting after |
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| 29 | 29 | | 2section 13E the following section:- |
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| 30 | 30 | | 3 Section 13F. Whoever unlawfully and with intent removes, destroys, damages or |
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| 31 | 31 | | 4interferes with the proper functioning of a geolocation monitoring device or other mechanism |
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| 32 | 32 | | 5intended to facilitate recognizance or compliance with conditions of pretrial release, probation or |
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| 33 | 33 | | 6parole shall be punished by imprisonment in a house of correction for not more than 2 and one- |
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| 34 | 34 | | 7half years; provided, however, that a second and subsequent offense shall be punished by |
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| 35 | 35 | | 8imprisonment in the state prison for not more than 5 years or imprisonment in a house of |
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| 36 | 36 | | 9correction for not more than 2 and one-half years. In any proceeding under section 57 to 58B, |
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| 37 | 37 | | 10inclusive, of chapter 276, the fact of a person’s prior conviction pursuant to this section shall be |
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| 38 | 38 | | 11prima facie evidence that there is no financial condition or other condition of release that will |
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| 39 | 39 | | 12reasonably assure the presence of the person so convicted. 2 of 2 |
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| 40 | 40 | | 13 SECTION 3B. Section 58A of chapter 276 of the General Laws, as appearing in the 2020 |
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| 41 | 41 | | 14Official Edition, is hereby amended by inserting after the word “or”, in line 8, the following |
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| 42 | 42 | | 15words:- a sex offense involving a child as defined in section 178C of chapter 6, or a violation of |
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| 43 | 43 | | 16sections 13, 13½, 13B, 13B½, 13B¾, 13F, 13M, 15D, 18B, 22, 22A, 22B, 22C, 23A, 23B, 24, |
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| 44 | 44 | | 1725, 26B, 26C, 37, 43A, 50 or 51 of chapter 265, or a violation of section 23 of chapter 265; |
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| 45 | 45 | | 18provided, however, that this clause shall not apply when the person charged pursuant to said |
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| 46 | 46 | | 19section 23 of said chapter 265 is under 16 years of age or is within 2 years of the age of the |
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| 47 | 47 | | 20alleged victim. |
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| 48 | 48 | | 21 SECTION 3C. Said chapter 276 is hereby further amended by inserting after section 58B |
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| 49 | 49 | | 22the following section:- |
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| 50 | 50 | | 23 Section 58C. No person who has attained the age of 18 years and who has been charged |
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| 51 | 51 | | 24with any act that would constitute abuse, as defined in section 1 of chapter 209A, or a violation |
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| 52 | 52 | | 25of sections 13M or 15D of chapter 265 or any offense enumerated in subsection 1 of section 58A |
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| 53 | 53 | | 26that involves an identified victim shall be admitted to bail before all reasonable efforts are made |
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| 54 | 54 | | 27to notify the alleged victim of the person’s imminent release; provided, however, that the person |
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| 55 | 55 | | 28charged shall not be held more than 6 hours in order to permit prior notice to the alleged victim. |
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| 56 | 56 | | 29 When a person so charged is to be released from the custody of a police department, such |
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| 57 | 57 | | 30notice shall be provided by the police department. When a person so charged is to be released |
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| 58 | 58 | | 31from a courthouse, such notice shall be provided by the commonwealth. When a person so |
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| 59 | 59 | | 32charged is to be released from a jail or correctional facility, such notice shall be provided by the |
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| 60 | 60 | | 33superintendent or a designee. The person or agency responsible for providing notice shall |
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| 61 | 61 | | 34undertake to provide notice promptly.”. |
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