Text of MA S 1512 (2024)

1 of 1 SENATE DOCKET, NO. 1597 FILED ON: 1/19/2023 SENATE . . . . . . . . . . . . . . No. 1512 The Commonwealth of Massachusetts _________________ PRESENTED BY: Ryan C. Fattman _________________ 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 ensuring the safety of our communities and citizens. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Ryan C. Fattman Worcester and Hampden 1 of 5 SENATE DOCKET, NO. 1597 FILED ON: 1/19/2023 SENATE . . . . . . . . . . . . . . No. 1512 By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1512) of Ryan C. Fattman for legislation to ensure the safety of our communities and citizens. Public Safety and Homeland Security. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE SENATE, NO. 1580 OF 2021-2022.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act ensuring the safety of our communities and citizens. 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 30 of the General Laws, as appearing in the 2020 Official Edition, 2 is hereby amended by adding the following section:- 3 Section 66. (a) Under no circumstances shall the commonwealth, any political 4 subdivision thereof, or any employee or agent of the commonwealth or any of its political 5 subdivisions, establish any operation or program that requires, or has the effect of causing, 6 persons to register or check in based in whole or in part on their religion, national origin, 7 nationality, citizenship, race, ethnicity, gender, gender identity, sexual orientation or age, or 8 maintain any records system, government file or database for the purpose of registering persons 9 based in whole or in part on those categories. 2 of 5 10 (b) In the event that any federal government operation or program requires, or has the 11 effect of causing, persons to register or check in based in whole or in part on their religion, 12 national origin, nationality, citizenship, race, ethnicity, gender, gender identity, sexual 13 orientation or age, including but not limited to any such operation or program created pursuant to 14 8 United States Code, sections 1302(a) and 1303(a): 15 (i) no resources of the commonwealth or any political subdivision thereof shall be 16 expended in the enforcement or implementation of such registry or check-in program; 17 (ii) no employee or agent of the commonwealth or any of its political subdivisions shall 18 access, or seek to access, any information maintained pursuant to such registry or check-in 19 program; and 20 (iii) no employee or agent of the commonwealth or any of its political subdivisions shall 21 provide or disclose or offer to provide or disclose information to, or respond to a request for 22 information from, such registry or check-in program. 23 (c) The prohibitions under subsections (a) and (b) shall not apply to any government 24 operation or program that: (1) merely collects and compiles data about nationals of a foreign 25 country entering or exiting the United States; or (2) issues visas, grants United States citizenship, 26 confers an immigration benefit, or temporarily or permanently protects noncitizens from 27 removal. 28 (d) Nothing in this section shall prohibit or restrain the commonwealth, any political 29 subdivision thereof, or any employee or agent of the commonwealth or any of its political 30 subdivisions, from sending to, or receiving from, any local, state, or federal agency, information 3 of 5 31 regarding citizenship or immigration status, consistent with Section 1373 of Title 8 of the United 32 States Code." 33 SECTION 2. Chapter 276 of the General Laws, as so appearing, is hereby amended by 34 inserting after section 20R the following section:- 35 Section 20S. (a) Any employee of the Commonwealth, or a public instrumentality or 36 political subdivision thereof, who holds police powers or the powers of a sheriff or deputy 37 sheriff, including but not limited to municipal police officers, court officers, and state troopers, 38 and who has lawful custody of a person may, upon receipt of (1) a written request from United 39 States Immigration and Customs Enforcement requesting detention of such person on the 40 grounds that there is probable cause that such person is a removable alien and (2) an 41 administrative warrant for arrest or warrant of removal/deportation, detain such person for a 42 reasonable period of time after such person would otherwise be released from custody in order to 43 transfer custody of such person to United States Immigration and Customs Enforcement, 44 provided that a supervisory officer of such employee’s agency has, in accordance with a policy 45 promulgated in accordance with subsection (c), first determined that there are specific facts 46 indicating that the person to be detained poses a threat to public safety; and further provided that 47 such person be provided with a copy of such written request; and further provided that in no 48 circumstances shall such detention exceed 48 hours unless an appropriate judicial officer shall 49 have made a probable cause determination under the procedure set forth in subsection (d). 50 (b) As used in subsection (a), “specific facts indicating that the person to be detained 51 poses a threat to public safety” shall mean that, at a minimum, any of the following facts are true 52 with respect to such person: 4 of 5 53 1. The person has engaged in or is suspected of terrorism or espionage, or otherwise 54 poses a danger to national security; 55 2. The person has been convicted of an offense of which an element was active 56 participation in a criminal street gang, as defined in 18 U.S.C. § 521(a); 57 3. The person has been convicted of an offense classified as a felony, other than a state or 58 local offense for which an essential element was the person’s immigration status; 59 4. The person has been convicted of an aggravated felony, as defined under 8 U.S.C. § 60 1101(a)(43); or 61 5. The person has been convicted of a crime of (i) domestic violence; (ii) sexual abuse or 62 exploitation; (iii) trafficking in persons in violation of sections 50 or 51 of chapter 265 or like 63 violations of the law of another state, the United States or a military, territorial or Indian tribal 64 authority; (iv) burglary; (v) unlawful possession or use of a firearm; (vi) drug distribution or 65 trafficking; (vii) second or subsequent operating or driving under the influence; or (viii) any 66 other offense for which the person has been sentenced to time in custody of 180 days or more. 67 (c) Each agency of the Commonwealth or any public instrumentality or political 68 subdivision of the Commonwealth that chooses to allow its employees to exercise the authority 69 granted by subsection (a) shall promulgate a written policy designating which supervisory 70 officers may make the determination required by subsection (a) before a person is detained and 71 the criteria such supervisory officer shall use in making such determination. 72 (d) A determination of probable cause for detention shall be made by an appropriate 73 judicial officer and promptly reduced to writing. The appropriate judicial officer shall consider 5 of 5 74 any information presented by the detaining agency, whether or not known at the time of initial 75 detention. The detaining agency shall present the information under oath or affirmation or under 76 the pains and penalties of perjury, and may present the information orally, in person or by any 77 other means, or in writing. If presented in writing, the information may be transmitted to the 78 appropriate judicial officer by facsimile transmission or by electronic mail or by such other 79 electronic means as may be found acceptable by the court. The determination of probable cause 80 for detention shall be an ex parte proceeding. The person detained shall have no right to appear, 81 either in person or by counsel. If the judicial officer determines that there is not probable cause to 82 believe the person detained is a removable alien, then the judicial officer shall order that the 83 person be released forthwith. Such a determination and order shall be filed in the District Court 84 having jurisdiction over the location of the detention, together with all written information 85 submitted by the detaining agency. Such documents shall be filed separately from the records of 86 criminal cases, and shall be open for inspection by the public. If a determination under this 87 subsection is necessary, the detaining agency shall present the information necessary to obtain 88 such determination to the appropriate judicial officer as soon as reasonably possible after the 89 detention begins, but no later than 48 hours after the detention begins. 90 (e) This section shall not be construed to give rise to a private right of action and shall not 91 be construed so as to make unlawful any arrest in this commonwealth which would otherwise be 92 lawful.