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).
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