HOUSE DOCKET, NO. 3892        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1492

The Commonwealth of Massachusetts

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PRESENTED BY:

Carole A. Fiola

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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 relative to dangerousness offenses.

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PETITION OF:

HOUSE DOCKET, NO. 3892        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1492

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to dangerousness offenses.

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. Section 58A of Chapter 276 of the General Laws is hereby amended by striking out the first paragraph and inserting the following:-

Section 58A. (1) The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions for:

(A)  a violation of an order pursuant to section 18, 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4 or 5 of chapter 209A or section 15 or 20 of chapter 209C;

(B)  a misdemeanor or felony involving abuse as defined in section 1 of chapter 209A;

(C)  a violation of section 13B of chapter 268;

(D)  a violation of section 1, 13, 13 ½, 13B, 13 B ¾, 13F, 13H, 14, 15, 15A, 15B, 15D, 15E, 15F, 16, 17, 18, 18A, 18B, 18C, 19, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 24B, 26, 26B, 26C, 26D, 37, 43, 50, 51 or 52 of chapter 265 or a violation of section 13D of said chapter 265 in which the public employee is a police officer;

(E)  a violation of section 2, 4A, 4B, 16, 29A, 29B, 77C or a subsequent offense of section 29C, of chapter 272;

(F)  a violation of section 24G of chapter 90 which occurs under the influence of alcohol or drugs, or a violation of section 8B of chapter 90B; or a third or subsequent violation of section 24 of chapter 90 or section 8 of chapter 90B;

(G)  an offense for which a mandatory minimum term of 3 years or more is prescribed in chapter 94C;

(H)  any violation of sections 1, 2, 14, 15, 16, 18, 102 or 102A of chapter 266;

(I)  a violation of subsection (a), (c), (d), or (m) of section 10 of chapter 269, provided, however, that the commonwealth may not move for an order of detention under this section based on possession of a large capacity feeding device without simultaneous possession of a large capacity weapon; or arrested and charged with a violation of section 10G of said chapter 269;

(J)  a violation of section 10G, or 14 of chapter 269; or

(K)  conspiracy or solicitation to commit any of the above enumerated crimes.

Section 2. Section 58A of Chapter 276 is hereby amended by striking out the third paragraph and inserting the following:-

If, after a hearing pursuant to the provisions of subsection (4), the district or superior court justice finds by clear and convincing evidence that no conditions of release will reasonably assure the safety of any other person or the community, said justice shall order the detention of the person prior to trial. A person detained under this subsection shall be brought to a trial as soon as reasonably possible.  The person held under the provisions of this section, shall remain held until the disposition of the case consistent with Massachusetts Rules of Criminal Procedure Rule 36(b)(2). A justice may not impose a financial condition under this section that results in the pretrial detention of the person. Nothing in this section shall be interpreted as limiting the imposition of a financial condition upon the person to reasonably assure his appearance before the courts.