Amendment #46 to H.3700

An act relative to dangerousness hearings

Mrs. Orrall of Lakeville move that the bill be amended by inserting at the end thereof the following:--



“Section XX. Subsection 4 of section 58A of chapter 275, as appearing in the 2012 Official Edition is hereby amended by striking the last sentence contained in lines 8 through 10, inclusive, and inserting in place thereof the following:--

The hearing may be reopened before or after a determination by the judge, at any time before trial, if the defendant or the Commonwealth makes a good faith showing, and the judge so finds, that either information exists that was not known at the time of the hearing or there has been a change of circumstances and that the proffered information or change of circumstances has a material hearing on whether there are conditions of release that will reasonably assure the safety of any other person and the community.



Section XX. Subsection 3 of section 58A of chapter 276, as appearing in the 2012 Official Edition, is hereby amended by striking in lines 90 through 93, inclusive, the following: “but in absence of good cause, the defendant so held shall not be detained for a period exceeding ninety days excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure 36(b)(2).”



Section XX. The second paragraph of subsection 4 of section 58A of chapter 276, as appearing in the 2012 Official Edition, is hereby amended by inserting in line 113, after the word “information.” the following:--

Prior to summoning any alleged victim or member of the victim’s family as a witness at the hearing, the defendant must make a good faith proffer as to why he reasonably believes testimony from such witness will in fact support a conclusion that there are conditions of release that will reasonably assure the safety of any other person or the community. Mere speculation or conjecture, or any purpose other than the purpose for which the hearing is being held shall not be a sufficient basis for calling any alleged victim or member of the victim’s family to testify.”.