SENATE DOCKET, NO. 1308        FILED ON: 1/16/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

John C. Velis

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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 repeat violent firearm offenders.

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PETITION OF:

SENATE DOCKET, NO. 1308        FILED ON: 1/16/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act relative to repeat violent firearm offenders.

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

Chapter 276 of the General Laws is hereby amended by inserting after section 58B the following section:-

Section 58C. (a) A person who has been charged with a violent crime, as defined by section 121 of chapter 140, and who has been released after a hearing pursuant to sections 42A, 58, 58A or 87, and who has subsequently been determined, after a hearing, by clear and convincing evidence, to have violated a condition of his release by committing any offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machinegun or assault weapon, shall be deemed a danger to the safety of the community; and the judicial officer shall enter an order of revocation and detention.

(b) A person who has been charged with any offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machinegun or assault weapon, and who has been released after a hearing pursuant to sections 42A, 58, 58A or 87, and who has subsequently been determined, after a hearing, by clear and convincing evidence, to have violated a condition of his release by committing a violent crime, as defined by section 121 of chapter 140, shall be deemed a danger to the safety of the community; and the judicial officer shall enter an order of revocation and detention.

(c) A person who has been charged with any offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machinegun or assault weapon, and who has been released after a hearing pursuant to sections 42A, 58, 58A or 87, and who has subsequently been determined, after a hearing, by clear and convincing evidence, to have violated a condition of his release by committing any offense an element of which is the use or unlawful possession of a firearm, rifle, shotgun, machinegun or assault weapon, shall be deemed a danger to the safety of the community; and the judicial officer shall enter an order of revocation and detention.

(d) A person detained under this section shall be brought to a trial as soon as reasonably possible, but in absence of good cause, the person so held shall not be detained for a period exceeding 120 days by the district court or for a period exceeding 180 days by the superior court excluding any period of delay as defined in Massachusetts Rules of Criminal Procedure Rule 36(b)(2).