SENATE DOCKET, NO. 737        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1748

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act amending the dangerousness statute.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION   1.    Subsection (1) of Section 58A of Chapter 276 of the general laws is hereby amended by inserting after the words “ninety-four C,”, in line 17, the following:-

 “or any violation of paragraphs (a), (c) or (h) of section 10 of Chapter 269, or”.

 SECTION 2  .  Subsection (3) of said section 58A of said Chapter 276, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:-

 “Subject to rebuttal by the person, in a case involving any felony offense that has as an element the use, attempted use, or threatened use of physical force against the person of another and involves the use of a firearm, it shall be presumed that no condition or combination of conditions will reasonably assure the safety of any other person or the community if the judicial officer finds that there is probable cause to believe the at the person committed the offense.”

 SECTION 3.    Subsection (3) of said section 58A of said Chapter 276 is hereby further amended in the second sentence after the word “exceeding” by striking out the word “ninety” and inserting in place thereof the words “one hundred twenty”.