Amendment ID: H5112-7-R1

Redraft Amendment 7

Protecting Victims

Messrs. Tarr, Fattman and O'Connor move to amend the bill by inserting after section _ the following:-

"SECTION _.Section 58A of said chapter 276, as so appearing, is hereby amended by striking subsection (1) and inserting in place thereof the following subsection:- (1) The commonwealth may move, based on dangerousness, for an order of pretrial detention or release on conditions when a person has been charged with any of the following offenses:

(A)  a felony that has as an element of the offense the use, attempted use or threatened use of physical force against the person of another;

(B)  the offenses of burglary or arson;

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

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

(E)  a sex offense involving a child as defined in section 178C of chapter 6;

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

(G)  a violation of section 13, 13 ½, 13B, 13B ½, 13 B ¾, 13F, 13M, 15D, 18B, 22, 22A, 22B, 22C, 23, 23A, 23B, 24, 25, 26B, 26C, 37, 43A, 50 or 51 of chapter 265 or a violation of section 13D of said chapter 265 in which the public employee is a police officer;

(H)  a violation of section 4A, 4B, 16, 29A, 29B, 29C, 77, 94 or 105 of chapter 272;

(I)  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;

(J)  an offense under chapter 94C for which the maximum term of imprisonment is more than 10 years;

(K)  any violation of sections 102 or 102A, or a malicious violation of section 127 of chapter 266;

(L)  a violation of section 131N of chapter 140 or subsection (a), (b), (c), (d), (h), (j) or (m) of section 10 or section 11C of chapter 269;

(M)  a violation of section 10A, 10E, or 10G of chapter 269;

(N)  threats to kill, rape, or cause serious bodily injury; or

(O)  conspiracy or solicitation to commit any of the above enumerated offenses."

and moves to further amend by inserting after section _ the following new sections:-

"SECTION_. Chapter 276 is hereby further amended by inserting after section 58B the following section:-

Section 58C.  No person who has attained the age of 18 years and who has been charged with any act that would constitute abuse, as defined in section 1 of chapter 209A, or a violation of sections 13M or 15D of chapter 265, or any offense enumerated in subsection 1 of section 58A that involves an identified victim shall be admitted to bail before all reasonable efforts are made to notify the alleged victim of the person’s imminent release; provided, however, that the person charged shall not be held more than 6 hours in order to permit prior notice to the alleged victim.

When a person so charged is to be released from the custody of a police department, such notice shall be provided by the police department.  When a person so charged is to be released from a courthouse, such notice shall be provided by the commonwealth.  When a person so charged is to be released from a jail or correctional facility, such notice shall be provided by the superintendent or superintendent’s designee.  The person or agency responsible for providing notice shall undertake to provide notice promptly."