Amendment #28 to S.1897

Markey Amendment

Mr. Markey of Dartmouth move that the bill be amended , as amended,

in section 1, by inserting after the word “victim.”, in line 10, the following sentence:-

“The course of instruction and guidelines shall also include specific training on adolescent development, trauma, and family dynamics.”;

by striking out section 34, and inserting in place thereof the following:-

“SECTION 34. Said section 42A of said chapter 276, as so appearing, is hereby further amended by inserting after the first paragraph the following 3 paragraphs:-

For any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of 209A or section 15 of chapter 209C or any act that would constitute abuse as defined in section 1 of chapter 209A, or a violation of sections 13K, 13M, 13N or 15D of chapter 265, (1) a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court, and, except where prohibited by section 57, every effort shall be made to assess bail no more than 8 hours after the arrest, and (2) the clerk, assistant clerk, or other person authorized to take bail for such violation may impose conditions on a person’s release in order to ensure the appearance of the person before the court, and the safety of the alleged victim, any other individual or the community; provided, however, that the clerk, assistant clerk, or other person authorized to take bail shall, in imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable, and shall take into consideration the following: the nature and circumstances of the offense charged, the potential penalty the person faces, the person’s family ties, employment record and history of mental illness, the person’s reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, the person’s record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section 1 of chapter 209A, violation of a temporary or permanent order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 of chapter 209C, whether the person has any history of issuance of such orders pursuant to the aforesaid sections, whether the person is on probation, parole or other release pending completion of sentence for any conviction and whether the person is on release pending sentence or appeal for any conviction.

For any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of 209A or section 15 of chapter 209C or any act that would constitute abuse as defined in section 1 of chapter 209A, or a violation of sections 13K, 13M, 13N or 15D of chapter 265, a judge shall, prior to admitting the person, who has attained the age of 18 years, to bail, or modifying an existing order of bail, make a written determination as to whether there are conditions of release that will reasonably assure the safety of the alleged victim or any other individual or the community on the basis of any information which the court can reasonably obtain, the nature and circumstances of the offense charged, the potential penalty the person faces, the person’s family ties, employment record and history of mental illness, the person’s reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, the person’s record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section 1 of chapter 209A, violation of a temporary or permanent order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 of chapter 209C, whether the person has any history of issuance of such orders pursuant to the aforesaid sections, whether the person is on probation, parole or other release pending completion of sentence for any conviction and whether the person is on release pending sentence or appeal for any conviction. The judge shall have immediate access to all pending and prior criminal offender record information, board of probation records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request. If, after an evaluation of all factors set forth in this paragraph, a written determination is made that there are conditions of release that will reasonably assure the safety of the alleged victim, any other individual and the community, the judge shall impose such conditions of release. If, after an evaluation of all factors set forth in this paragraph, a written determination is made that there are no conditions of release that will reasonably assure the safety of the alleged victim or any other individual or the community, the person shall be held and transferred automatically, and without a motion from the commonwealth, for an appearance and hearing pursuant to section 58A at the next sitting of the court; provided, however, that the commonwealth may decline such a hearing and instead proceed under section 58 and request cash bail or under section 58B revocation of release. The person shall, prior to admittance, be provided with informational resources related to domestic violence by the person admitting the arrestee to bail, which shall include, but is not limited to, a list of certified batterer intervention programs located within or near the court’s jurisdiction. If the defendant is released on bail from the place of detention, a reasonable attempt shall be made to notify the victim of the defendant’s release by the arresting police department. If the defendant is released on bail by order of a court, a reasonable attempt shall be made to notify the victim of the defendant’s release by the district attorney.

Notwithstanding the previous paragraph, where a judge admits a person to bail sooner than 6 hours after arrest the commonwealth may move to postpone arraignment, for the purpose of assembling the record, for not more than 3 hours for a person charged with violation of an order issued pursuant to section18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 of chapter 209C, or a violation of section 13K, 13M, 13N or 15D of chapter 265”;

by striking out section 37, and inserting in place thereof the following:-

“SECTION 37. Section 57 of said chapter 276, as so appearing, is hereby amended by inserting after the first paragraph the following 3 paragraphs:-

For any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of 209A or section 15 of chapter 209C or any act that would constitute abuse as defined in section 1 of chapter 209A, or a violation of sections 13K, 13M, 13N or 15D of chapter 265, (1) a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court, and, except where prohibited by this section, every effort shall be made to assess bail no more than 8 hours after the arrest, and (2) the clerk, assistant clerk, or other person authorized to take bail for such violation may impose conditions on a person’s release in order to ensure the appearance of the person before the court, and the safety of the alleged victim, any other individual or the community; provided, however, that the clerk, assistant clerk, or other person authorized to take bail shall, in imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable, and shall take into consideration the following: the nature and circumstances of the offense charged, the potential penalty the person faces, the person’s family ties, employment record and history of mental illness, the person’s reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, the person’s record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section 1 of chapter 209A, violation of a temporary or permanent order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 of chapter 209C, whether the person has any history of issuance of such orders pursuant to the aforesaid sections, whether the person is on probation, parole or other release pending completion of sentence for any conviction and whether the person is on release pending sentence or appeal for any conviction.

For any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of 209A or section 15 of chapter 209C or any act that would constitute abuse as defined in section 1 of chapter 209A, or a violation of sections 13K, 13M, 13N or 15D of chapter 265, a judge shall, prior to admitting the person, who has attained the age of 18 years, to bail, or modifying an existing order of bail, make a written determination as to whether there are conditions of release that will reasonably assure the safety of the alleged victim or any other individual or the community on the basis of any information which the court can reasonably obtain, the nature and circumstances of the offense charged, the potential penalty the person faces, the person’s family ties, employment record and history of mental illness, the person’s reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, the person’s record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section 1 of chapter 209A, violation of a temporary or permanent order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 of chapter 209C, whether the person has any history of issuance of such orders pursuant to the aforesaid sections, whether the person is on probation, parole or other release pending completion of sentence for any conviction and whether the person is on release pending sentence or appeal for any conviction. The judge shall have immediate access to all pending and prior criminal offender record information, board of probation records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request. If, after an evaluation of all factors set forth in this paragraph, a written determination is made that there are conditions of release that will reasonably assure the safety of the alleged victim, any other individual and the community, the judge shall impose such conditions of release. If, after an evaluation of all factors set forth in this paragraph, a written determination is made that there are no conditions of release that will reasonably assure the safety of the alleged victim or any other individual or the community, the person shall be held and transferred automatically, and without a motion from the commonwealth, for an appearance and hearing pursuant to section 58A at the next sitting of the court; provided, however, that the commonwealth may decline such a hearing and instead proceed under section 58 and request cash bail or under section 58B revocation of release. The person shall, prior to admittance, be provided with informational resources related to domestic violence by the person admitting the arrestee to bail, which shall include, but is not limited to, a list of certified batterer intervention programs located within or near the court’s jurisdiction. If the defendant is released on bail from the place of detention, a reasonable attempt shall be made to notify the victim of the defendant’s release by the arresting police department. If the defendant is released on bail by order of a court, a reasonable attempt shall be made to notify the victim of the defendant’s release by the district attorney.

Notwithstanding the previous paragraph, where a judge admits a person to bail sooner than 6 hours after arrest the commonwealth may move to postpone arraignment, for the purpose of assembling the record, for not more than 3 hours for a person charged with violation of an order issued pursuant to section18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 of chapter 209C, or a violation of section 13K, 13M, 13N or 15D of chapter 265.”;

by striking out section 38, and inserting in place thereof the following:-

“SECTION 38. Section 58 of said chapter 276, as so appearing, is hereby amended by inserting after the first paragraph the following 3 paragraphs:-

For any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of 209A or section 15 of chapter 209C or any act that would constitute abuse as defined in section 1 of chapter 209A, or a violation of sections 13K, 13M, 13N or 15D of chapter 265, (1) a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court, and, except where prohibited by section 57, every effort shall be made to assess bail no more than 8 hours after the arrest, and (2) the clerk, assistant clerk, or other person authorized to take bail for such violation may impose conditions on a person’s release in order to ensure the appearance of the person before the court, and the safety of the alleged victim, any other individual or the community; provided, however, that the clerk, assistant clerk, or other person authorized to take bail shall, in imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable, and shall take into consideration such information and the factors listed in this section.

For any violation of an order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of 209A or section 15 of chapter 209C or any act that would constitute abuse as defined in section 1 of chapter 209A, or a violation of sections 13K, 13M, 13N or 15D of chapter 265, a judge shall, prior to admitting the person, who has attained the age of 18 years, to bail, or modifying an existing order of bail, make a written determination as to whether there are conditions of release that will reasonably assure the safety of the alleged victim or any other individual or the community on the basis of any information which the court can reasonably obtain, the nature and circumstances of the offense charged, the potential penalty the person faces, the person’s family ties, employment record and history of mental illness, the person’s reputation, the risk that the person will obstruct or attempt to obstruct justice or threaten, injure or intimidate or attempt to threaten, injure or intimidate a prospective witness or juror, the person’s record of convictions, if any, any illegal drug distribution or present drug dependency, whether the person is on bail pending adjudication of a prior charge, whether the acts alleged involve abuse as defined in section 1 of chapter 209A, violation of a temporary or permanent order issued pursuant to section 18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 of chapter 209C, whether the person has any history of issuance of such orders pursuant to the aforesaid sections, whether the person is on probation, parole or other release pending completion of sentence for any conviction and whether the person is on release pending sentence or appeal for any conviction. The judge shall have immediate access to all pending and prior criminal offender record information, board of probation records, and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request. If, after an evaluation of all factors set forth in this paragraph, a written determination is made that there are conditions of release that will reasonably assure the safety of the alleged victim, any other individual and the community, the judge shall impose such conditions of release. If, after an evaluation of all factors set forth in this paragraph, a written determination is made that there are no conditions of release that will reasonably assure the safety of the alleged victim or any other individual or the community, the person shall be held and transferred automatically, and without a motion from the commonwealth, for an appearance and hearing pursuant to section 58A at the next sitting of the court; provided, however, that the commonwealth may decline such a hearing and instead proceed under section 58 and request cash bail or under section 58B revocation of release. The person shall, prior to admittance, be provided with informational resources related to domestic violence by the person admitting the arrestee to bail, which shall include, but is not limited to, a list of certified batterer intervention programs located within or near the court’s jurisdiction. If the defendant is released on bail from the place of detention, a reasonable attempt shall be made to notify the victim of the defendant’s release by the arresting police department. If the defendant is released on bail by order of a court, a reasonable attempt shall be made to notify the victim of the defendant’s release by the district attorney.

Notwithstanding the previous paragraph, where a judge admits a person to bail sooner than 6 hours after arrest the commonwealth may move to postpone arraignment, for the purpose of assembling the record, for not more than 3 hours for a person charged with violation of an order issued pursuant to section18 or 34B of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A, or section 15 of chapter 209C, or a violation of section 13K, 13M, 13N or 15D of chapter 265.”;

in section 39, by inserting after the word “person”, in line 919, the following:- “who has attained the age of 18 years”;

and in section 44, by inserting after the word “person”, inline 957, the following:- “who has attained the age of 18 years”.